Employee of Pakistan Steel Mills

Departmental proceedings were initiated against employee of Pakistan Steel Mills under Removal from Service (Special Powers) Ordinance, 2000 (since repealed) and he was consequently dismissed from service with immediate effect

Departmental appeal of employee was also dismissed

Appeal by employee before Federal Service Tribunal was dismissed as being infructuous in view of the judgment of the Supreme Court in the case of Muhammad Mubeen-us-Salam and others v. Federation of Pakistan through Secretary, Ministry of Defence and others (PLD 2006 SC 602)

Employee filed constitutional petition before the High Court, which was allowed and his dismissal order was set aside and it was held that he was entitled to back benefits from date of his dismissal till his attaining age of superannuation and also to retirement benefits

Contention on behalf of Pakistan Steel Mills was that the Corporation (Mills) had no statutory rules, therefore, High Court had no jurisdiction in the matter

Deputy Attorney General contended that High Court had jurisdiction in the matter since action was taken against the employee under the Removal from Service (Special Powers) Ordinance, 2000

Validity

Admittedly terms and conditions of the employee had not been settled under Art.212 of the Constitution

Supreme Court granted leave to appeal to consider the question, whether, an employee of a Corporation like Pakistan Steel Mills, who was proceeded against under Removal from Service (Special Powers) Ordinance, 2000, would have no remedy to challenge such an order.