2000 PLP (C (PLC(CS))

By an appointment letter, dated 28‑11‑1995, issued on behalf of Managing Director, Sui Nothern Gas Pipelines, Limited, Fazal Muqeem, the petitioner was appointed as Management Trainee for a period of two years under the Management Trainee Scheme. In the said letter, it was, however, clarified that the aforesaid period of training was not extendable nor it would entitle the petitioner for any job or service in the respondent's Company. It was also specified therein that the training of the petitioner could be terminated earlier than two years without notice on finding the petitioner's performance being unsatisfactory.

2. By an other letter, dated 23‑2‑1997, the training contract of the petitioner was rescinded with effect from 27‑2‑1997 (A.N.), on the ground that the performance of the petitioner was not found satisfactory. Being aggrieved of the termination of his training contract, the petitioner has brought this Constitutional petition claiming that his service could not be terminated as he had acquired a vested right for permanent absorption in the service of the respondent's Company.

3. The instant petition was opposed on behalf of the respondents mainly on the ground that the petitioner being a contract trainee could not challenge his termination through a Constitutional petition.

4. Similar matters have been dealt with by the Hon'ble Supreme Court in Civil Petition No. 1305‑K of 1997 and several others in which the employees of various organizations, statutory corporations and bodies had assailed their termination from service. Such organizations included Sui Gas Company Limited. In its judgment, dated 16‑4‑1998, the apex Court had held that because of insertion‑ of section 2A in the Service Tribunals Act, 1973, the service grievances of the employees of corporations, bodies or organizations, established or controlled by the Federal Government or in p' which the Federal Government has a controlling share of interest shall be deemed to be civil servants for the purpose of the said Act. Meaning thereby that the employees of such authorities, corporations, bodies or organizations shall, for the purpose of their service grievances, like civil servants, would be eligible to bring their service disputes before the Service Tribunal established‑under the Service Tribunals Act, 1973. In view of the aforesaid dictum of the Supreme Court, the present petition would not be maintainable as the jurisdiction of this Court is barred under the provisions of Article 212(2) of the Constitution to entertain the same. The petitioner will have to, if so advised, approach the Service Tribunal for the desired relief. Hence, no interference by this Court is called for and accordingly the instant petition is disposed of being not maintainable. H.BT.F-4/L Petition dismissed.