2020 PLP 573 (SCMR)
AAMIR IQBAL GILL — Petitioner Versus STATE LIFE INSURANCE CORPORATION OF PAKISTAN and others — Respondents
| Citation | 2020 PLP 573 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Umar Ata Bandial, Munib Akhtar and Yahya Afridi, JJ |
| Parties | AAMIR IQBAL GILL — Petitioner Versus STATE LIFE INSURANCE CORPORATION OF PAKISTAN and others — Respondents |
| Primary Law | Life Insurance (Nationalisation) Order, 1972 |
Q1: What are the key laws and sections cited in 2020 PLP 573 (SCMR)?
This judgment primarily cites: Life Insurance (Nationalisation) Order, 1972 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 573 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Umar Ata Bandial, Munib Akhtar and Yahya Afridi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 573 (SCMR) (AAMIR IQBAL GILL — Petitioner Versus STATE LIFE INSURANCE CORPORATION OF PAKISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Junaid Jabbar Khan, Advocate Supreme Court for Petitioner (in both cases)
- Syed Waqar Hussain Naqvi, Advocate Supreme Court for Respondents (in both cases).
Headnotes / Summary
Art. 49
Constitution of Pakistan, Art. 199
State Life Employees (Service) Regulations, 1973 ('the Regulations')
Said Regulations had statutory effect
Constitutional petition filed by an employee of State Life Insurance Corporation ('the Corporation') in relation to his terms and conditions of service was liable to be decided by the High Court in accordance with law without the objection that Service Regulations of the Corporation were of non-statutory character. Chairman State Life Insurance Corporation v. Hamayun Irfan 2010 SCMR 1495 ref.
Judgment & Decree
UMAR ATA BANDIAL, J.
C.P. 2429-L OF 2018: The petitioner filed a writ petition claiming relief in relation to his terms and conditions of service in the respondent-corporation. Learned Single Bench vide impugned judgment dated 10.01.2007 dismissed the writ petition on the ground that the service regulations of the respondent-corporation were of non-statutory character. The learned Division Bench of the High Court dismissed the petitioner's Intra Court Appeal vide impugned judgment dated 11.10.2018, on the ground that the judgment in the service appeal filed by the petitioner before the Federal Service Tribunal could not be challenged before the High Court but only before the Supreme Court.
2. The petitioner's Civil Petition filed against the judgment of the Federal Service Tribunal dated 14.02.2005 had abated upon the announcement of the judgment of this Court in Muhammad Mubeen-us-Salam and others v. Federation of Pakistan through Secretary, Ministry of Defence and others (PLD 2006 SC 602). This Court allowed the petitioner to approach the competent forum for redress. Consequently, the ground taken by the learned Division Bench is in error.
3. The other ground, that the petitioner's terms and condition of service are not governed by statutory rules has been considered by this Court in Chairman, State Life Insurance Corporation v. Hamayun Irfan (2010 SCMR 1495), wherein at page 1503 it is held that the service regulation possess the necessary characteristics to carry statutory effect. In the circumstances, the decision by the learned Single Bench is also in error.
4. In the result the petitioner's writ petition is liable to be considered and decided in accordance with the law but without the aforenoted two objections posing as impediments thereto. This petition is accordingly converted into an appeal and allowed. C.P. 2439-L OF 2018: The petition has become infructuous. Therefore, the same is dismissed. MWA/A-11/SC Order accordingly.