Determination of status

2018 CLC 1427 PESHAWAR-HIGH-COURT Judicial Precedent

Ss. 3 & 5Good governanceCricket Board, functions ofCricket ClubDetermination of status

Petitioner was a Cricket Club established in Federally Administered Tribal Area and it was aggrieved of its status declared by Cricket Board as "Inactive"

Validity

For about 5-6 years the Area suffered a lot due to militancy and insurgency which had hampered pace of development

People of Federally Administered Tribal Area then joined stream of successful lives of their generation

Sports was one of such activity that could create healthy environment for the betterment of society and if those people were not allowed to participate in sports activities then certainly the younger generations would turn their attention towards unproductive activities as faced during turbulent period

No fruitful purpose would be served, if petitioner club was restrained from actively participating in sports activities, which would help young players having talent to display the same in national level as well as in the comity of nations, in the larger perspective

Promotion of sports and cultural activities was one of the primary responsibility of the State which could further help in promotion of social and economic well-being of people

If petitioner was provided a further chance by authorities in scrutiny of their antecedents afresh, it would be more in the interest of justice rather than to defeat the ends of justice

High Court directed Pakistan Cricket Board to allow another chance to petitioner to fulfill requisite criteria as envisaged in relevant rules

Constitutional petition was allowed accordingly.

2014 PLC 77 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 2(i)"Workman"Determination of status

Employee was not employed in supervisory capacity, she was working in the health club, performing various duties which she mentioned in her affidavit in evidence

Employee by stating her duties, and with no specific denial by the employer, had successfully established the case that her duties were manual and clerical in nature

Employee in circumstances, was workman for the purpose of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Designation was not material, but the work actually being done by the employee, was relevant for deciding the issue of "workman".

2013 MLD 1004 PESHAWAR-HIGH-COURT Judicial Precedent

S.8Constitution of Pakistan, Art.199Constitutional petitionEngineering Council, functions ofProfessional degreeDetermination of statusPetitioner was holding B.Tech (Hons) degree and his grievance was that University had cancelled his admissionValidity

Engineering Council described that B.Tech (Hons) was not similar to B.E./B.Sc. Engineering but it could be considered as parallel to degree of B.E./B.Sc. Engineering

Both the degrees were of distinct disciplines of knowledge in field of engineering and technology but for the purpose of service, seniority and promotion, they were considered equally

Entire record produced by Higher Education Commission and Pakistan Engineering Council was silent regarding declaring B.Tech (Hons) not equivalent to B.E./B.Sc. Engineering for the purpose of admission and further education

Both the degrees related to science in the area of engineering under the law

Only competent authority to declare status of degree was Pakistan Engineering Council but authorities failed to produce any record through which it could be ascertained that B.Tech (Hons) was not equivalent to B.E./B.Sc. Engineering

Petition was allowed accordingly.