AAMIR HAIDER BUTT vs ENGAGE HUMAN RESOURCES S — 2026 CLC 822 KARACHI-HIGH-COURT-SINDH

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AAMIR HAIDER BUTT VS ENGAGE HUMAN RESOURCES S.9---Specific Relief act (I of 1877), S.42---Employer-employee dispute---Employee claiming recovery of salary, commission and ancillary dues---Doctrine of 'constructive dismissal'---Defendant proceeded against ex-parte---Strict burden of proof on plaintiff---Claim of general damages being exorbitant---Discretion of court to scrutinize claim of general damages---Scope---Briefly, the plaintiff filed a suit for declaration, recovery, compensation and damages on the basis of an employment contract asserting that he was appointed as Relationship Manager at a salary of Rs.75,000/- per month with claims relating to commission, fuel and mobile charges and other service benefits; after performing duties in business development, client relations, consulting assignments, PR and branding, he resigned and issued legal notice, and sought recovery of outstanding dues, commission, rendition of accounts and damages, while the suit proceeded ex parte owing to the defendants' failure to file written statement; the issue for determination before the High Court was "whether the plaintiff, on the basis of the employment arrangement and ex parte evidence, was entitled to recovery of dues, rendition of accounts and damages as claimed?"---Held: Plaintiff had no option but to resign from the employment of defendant No.1---The defendants withheld the amount owed to the plaintiff leaving the plaintiff no option but to tender his resignation---The correspondence between the parties was reflective of the fact that the defendants did not abide by their express and implied contractual obligations and therefore the resignation of the plaintiff could not disentitle him for the relief sought---Moreover, there was no alternate version advanced by the defendants and the plea of the plaintiff went unrebutted, hence admitted---Claim of general damages of rupees sixty million was exorbitant and largely inflated---However, rupees five million as general damages were granted---Suit of the plaintiff was partly decreed, in circumstances. Citation Name: 2026 CLC 822 KARACHI-HIGH-COURT-SINDHBookmark this Case AAMIR HAIDER BUTT VS ENGAGE HUMAN RESOURCES Constructive dismissal, doctrine of---Concept, essence and scope---This doctrine is essentially applicable in cases in which the employee is not terminated or dismissed, but the circumstances are created by the employer which make the resignation unavoidable and inevitable---The test in this regard can be broke down as: (i) a breach of contract on part of the employer; (ii) resignation in response to the breach; and (iii) employee had to demonstrate that he had no option but to resign and terminate the contract. Citation Name: 2026 CLC 822 KARACHI-HIGH-COURT-SINDHBookmark this Case AAMIR HAIDER BUTT VS ENGAGE HUMAN RESOURCES arts.117 & 120---Ex-parte proceedings---Plaintiff still to prove facts of his own case---Duty of Court to scrutinize plaintiff's claim---Scope---In ex-parte proceedings the Court has to examine the claim of the plaintiff and the same cannot be decreed as prayed without application of judicial mind---The absence of the defendants does not in any way lower the plaintiff's burden to prove his case.

AAMIR HAIDER BUTT vs ENGAGE HUMAN RESOURCES S — 2026 CLC 822 KARACHI-HIGH-COURT-SINDH

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