2012 PLP (C (PLC(CS))
Rana AMAN ULLAH KHAN Versus MANAGING DIRECTOR PASSCO and 6 others
| Citation | 2012 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Sh. Azmat Saeed, J |
| Parties | Rana AMAN ULLAH KHAN Versus MANAGING DIRECTOR PASSCO and 6 others |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2012 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Sh. Azmat Saeed, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP (C (PLC(CS)) (Rana AMAN ULLAH KHAN Versus MANAGING DIRECTOR PASSCO and 6 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khawar Ikram Bhatti for Petitioner.
- Zahid Sikandar for Respondents (in W.P. No.21655 of 2011).
- Malik Muhammad Jamil Awan for Respondents (in W.P. 14000 of 2011).
Headnotes / Summary
Art. 199
Constitutional petition
Non-statutory rules
Effect
Petitioners were employees of a limited company, in which Government of Pakistan was a share-holder
Terms and conditions of service of petitioners were not governed by any statutory rules and no statutory rules existed which were applicable to petitioners in their employment with the company
Constitutional petition was not maintainable with regard to terms and conditions of service in absence of statutory rules
Petition was dismissed in circumstances. Pakistan Telecommunication Co. Ltd. through Chairman v. Iqbal Nashr and others PLD 2011 SC 132; Executive Council, Allama Iqbal Open University, Islamabad through Chairman and another v. M Tufail Hashimi 2010 SCMR 1484 and Pakistan International Airlines Corporation v. S. M. Ismail Naqvi and others 2010 SCMR 42 rel. Muhammad Ishaq, D.G.M. Litigation PASSCO.
Judgment & Decree
SH. AZMAT SAEED, J.
Through this order, it is proposed to decide Writ Petitions Nos.14000 of 2011, 21655 of 2011 and 18550 of 2011 involving common question of law and facts. 2 Writ Petition No.14000 of 2011 has been filed by one Rana Aman Ullah Khan, who claims to be a Project Manager employed with the respondent-PASSCO. Through the said constitutional petition, the order dated 18-6-2011 suspending him has been called into question. Writ Petition No.18550 of 2011 has also been filed by the same Rana Aman Ullah Khan to call into question the order dated 13-8-2011 transferring the petitioner. Writ Petition No.21655 of 2011 has been filed by one Muhammad Arshad Zaman who is also an employee of PASSCO claiming to be the Zonal Head, Okara, to call into question the charge-sheet dated 17-8-2011 issued to the petitioner.
3. Two of the aforesaid constitutional petitions were pending before this Court, while the third constitutional petition was pending before another Bench of this court. The Hon'ble Chief Justice, vide his order dated 1-10-2011, directed that all these connected petitions be heard by this Bench.
4. Pursuant to notice, the respondents entered appearance and took a preliminary objection as to the maintainability of the instant constitutional petitions on the ground that the terms and conditions of service of the writ petitioners are not governed by any statutory rules.
5. The petitioners are employees of PASSCO which is a limited company, in which the Government of Pakistan is a share-holder. The respondents have taken up the plea that the terms and conditions of service of the petitioners are not governed by any statutory rules. It is not the case of the petitioners that any statutory rules exist which are applicable to the petitioners in their employment with the respondent-PASSCO. Now it is settled law that in the absence of statutory rules, a constitutional petition is not maintainable with regard to terms and conditions of service. Reference in this behalf may be made on the judgments of the Hon'ble Supreme Court of Pakistan reported as: (i) Pakistan Telecommunication Co. Ltd. through Chairman v. Iqbal Nashr and others (PLD 2011 SC 132), (ii) Executive Council, Allama Iqbal Open University, Islamabad through Chairman and another v. M Tufail Hashimi (2010 SCMR 1484) and (iii) Pakistan International Airlines Corporation v. S. M. Ismail Naqvi and others (2010 SCMR 42).
6. Incidentally, another Bench of this Court relying upon the aforesaid judgments of the Hon'ble Supreme Court of Pakistan held, vide order dated 7-7-2011 passed in Writ Petition No.19730 of 2009, that a writ petition by an employee of respondent-PASSCO is not maintainable.
7. In the above circumstances, it is clear and obvious that the instant constitutional petitions are not maintainable, hence are dismissed accordingly. M.H./A-218/L Petition dismissed.