| Case ID |
004aa779-6e29-44fa-a297-6375e4b846a5 |
| Body |
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| Case Number |
C.P. No. D-1185 of 2013 |
| Decision Date |
Dec 22, 2015 |
| Hearing Date |
Mar 25, 2015 |
| Decision |
The Sindh High Court ruled in favor of the petitioners, who were 12 footballers from the Karachi Port Trust (KPT) whose stipend contracts were terminated without consideration for regularization. The court found that the petitioners were discriminated against under Article 25 of the Constitution, as there was no intelligible differentia to justify the differential treatment compared to other similarly situated employees who were regularized. The court directed the authorities to reconsider the petitioners' cases for regularization, emphasizing that the authorities had violated Articles 4 and 25 of the Constitution by failing to provide equal protection under the law. |
| Summary |
In the case of AHSANULLAH vs. FEDERATION OF PAKISTAN, the Sindh High Court addressed the issue of discrimination against a group of footballers employed under stipend contracts by the Karachi Port Trust (KPT). The petitioners contended that their contracts were terminated while other similarly situated employees were regularized, violating their fundamental rights under Articles 4 and 25 of the Constitution of Pakistan. The court found that the termination was arbitrary and lacked justification, leading to a ruling that directed the authorities to reconsider the petitioners for regularization. This case highlights critical issues of employment rights, discrimination, and the legal obligations of government entities in Pakistan regarding the treatment of temporary workers. The decision emphasizes the need for fair treatment in employment practices, ensuring that all employees, regardless of their contract status, are afforded equal protection under the law. This ruling serves as a precedent for future cases involving employment disputes in Pakistan, stressing the importance of adherence to constitutional rights and principles of justice in employment matters. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Port Trust,
Ministry of Ports and Shipping,
Board of Directors KPT
|
| Judges |
MUHAMMAD ALI MAZHAR,
MUHAMMAD KARIM KHAN AGHA
|
| Lawyers |
Malik Naeem Iqbal,
Sh. Liaquat Hussain,
Moiz Ahmed
|
| Petitioners |
AHSANULLAH,
Muhammad Ali Mazhar,
Muhammad Karim Khan Agha
|
| Respondents |
FEDERATION OF PAKISTAN,
4 others,
Secretary
|
| Citations |
2016 SLD 738,
2016 PLC 477
|
| Other Citations |
Ejaz Akbar Kasi v. Ministry of Information and Broadcasting 2011 PLC (CS) 367,
Hakim Ali Ujjan v. Province of Sindh 2012 PLC (CS) 127,
Pakistan Telecommunications Company Limited v. Muhammed Zahid 2010 SCMR 253,
Muhammad Ashfaq v. Government of Pakistan 2008 PLC (CS) 278,
Tayyab Farid v. Government of Punjab 2011 PLC (CS) 53,
Management of Jawahar Mills Lt v. Regional Director Employees 2001 (II) LLJ 793,
Matloob Hussain v. Messrs Philips Electrical Industries 1978 PLC 428,
Dr.Ishaque Mohammed Shah v. President NBP 2010 PLC (CS) 748,
Federation of Pakistan v. Hashim Shah Qureshi 1987 SCMR 156,
Zia ul Haq Anjum v. Chief Administrator Auqaf 2000 PLC (CS) 1079,
Chief Engineer A.E.B v. Commissioner for Workmans Compensation Authority 1993 SCMR 2302,
Government of Balochistan v. Zahida Kakar 2005 SCMR 1061,
Dr.Ikram ul Haq Tariq v. Government of Pakistan 1998 SCMR 1061,
Idreesul Hasan Usmani v. Government of Pakistan 1991 SCMR 113,
I.A. Sherwani v. Government of Pakistan 1991 SCMR 1041,
Government of Balochistan v. Azzizullah Memon PLD 1993 SC 341,
Dr. Mubashir Hasan v. Federation of Pakistan PLD 2010 SC 265
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| Laws Involved |
Not available
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| Sections |
Not available
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