2011 CLC 831 (PLP)
UNITED BANK LIMITED PENSIONERS WELFARE ASSOCIATION OF PAKISTAN through President — Petitioner Versus UNITED BANK LIMITED through President and 5 others — Respondents
| Citation | 2011 CLC 831 (PLP) |
| Forum / Court | Islamabad |
| Bench Members | N/A |
| Parties | UNITED BANK LIMITED PENSIONERS WELFARE ASSOCIATION OF PAKISTAN through President — Petitioner Versus UNITED BANK LIMITED through President and 5 others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2011 CLC 831 (PLP)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 CLC 831 (PLP)?
The case was heard and decided by the Islamabad bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 CLC 831 (PLP) (UNITED BANK LIMITED PENSIONERS WELFARE ASSOCIATION OF PAKISTAN through President — Petitioner Versus UNITED BANK LIMITED through President and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Faisal Mahmood Ghani and Muhammad Naseem Bhatti, A.V.P. Representative for Respondents.
Headnotes / Summary
Art. 199
Constitutional petition
Constitutional petition had been filed against Bank, which was not a person within the meaning of Art.199 of the Constitution
Bank was not performing functions with respect to the affairs of Federation, Province or any statutory body
Employees of the Bank were not governed by the statutory rules
No writ could be issued against the Bank
Petition had been filed in representative capacity by one person, and it was also not known as to whether petitioner (association) existed or not, as same had not been registered anywhere
Constitutional petition being incompetent, was not maintainable, in circumstances.
Judgment & Decree
RIAZ AHMED KHAN, J.
This judgment is directed to dispose of Writ Petition No.14 of 2010.
2. Facts constituting the background of the present petition are that Raja Muhammad Sarfraz Khan, petitioner claims himself to be the President of United Bank Limited Pensioners Welfare Association of Pakistan. He has filed the present writ petition 'stating therein that he was an employee of United Bank Limited and got retired on 28-11-1998. At the time of his retirement, United Bank Limited was a' Government Bank, however, in the year 2002, the Bank was privatized and since then is a Limited Company. The grievance of the petitioner is that he has been receiving pension at the rate of Rs.1321 per month and similarly there are other bank employees who after retirement are getting extremely meagre amount as pension, which in some cases is Rs. 100 to Rs.500 per month. The prayer 'of the petitioner is that the respondent United Bank. Limited be ordered to increase the pension and medical facility of the retired pensioners of United Bank Limited and the same be brought at par with employees of National Bank, State Bank and other employees of Government.
3. I have heard the petitioner in person as well as learned counsel for the respondent and have perused the record.
4. The instant writ petition has been filed against United Bank Limited, which is not a person within the meaning of Article 199 of Constitution of Islamic-Republic of Pakistan, 1973. The Bank is not performing functions with respect to the affairs of Federation, Province or any statutory body. The employees of the Bank are not governed by the statutory rules and therefore, no writ can be issued against the respondent-Bank.
5. In addition to the above, the instant petition apparently, has been filed in representative capacity by one person. It is also not known as to whether petitioner association actually exists or not, as' the same has not been registered anywhere. The writ petition as such is incompetent and not maintainable, the same is therefore, dismissed. However, the respondent Bank on compassionate grounds may look into the grievance of the petitioner. H.B.T./12/Isl. Petition dismissed.