NATIONAL COMMISSION FOR HUMAN RIGHTS OF PAKISTAN vs UNITED BANK LIMITED S — 2025 PLD 303 ISLAMABAD

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NATIONAL COMMISSION FOR HUMAN RIGHTS OF PAKISTAN VS UNITED BANK LIMITED S. 9 (a) (i) & (ii)---Enforcement of service/pensionary rights---Jurisdiction of National Commission of Human Rights (NCHR)---Scope---Human, constitutional and service rights---Distinction stated---Filing of complaint by a retired employee of United Bank Limited (UBL) for enhancement of his pension---National Commission for Human Rights in exercise of its jurisdiction passed an order of enhancement of pension, however, that order was set aside by the Single Judge of High Court---Validity---Dispute arose between the NCHR and UBL over an issue of pension of an employee of UBL, who was neither a civil servant nor a public servant, rather an employee of a private sector commercial bank, whose rights, duties and remedies in case of disputes were governed by private sector labour laws and their employment contract, but not by the laws applicable to civil or public servants---National Commission for Human Rights was a statutory body established to promote and protect human rights under the National Commission for Human Rights Act, 2012 and its mandate included investigating complaints of human rights violations, abetment thereof, or negligence in preventing such violations by public servants, however, pension-related disputes, such as the enhancement of pension amounts, were governed by employment contracts, banking regulations and other laws to which UBL and its employees were subject and such matters were within the jurisdiction of specialised forums provided by the laws, thus, NCHR's directive to enhance the pension amount was beyond its statutory authority and constituted an overreach of its jurisdiction---Intra-Court Appeal was dismissed in limine, in circumstances.

NATIONAL COMMISSION FOR HUMAN RIGHTS OF PAKISTAN vs UNITED BANK LIMITED S — 2025 PLD 303 ISLAMABAD

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