| Case ID |
0381dc30-2286-40b3-8eae-e3e5ce5fe7de |
| Body |
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| Case Number |
Writ Petition No. 5801 of 2022 |
| Decision Date |
May 12, 2022 |
| Hearing Date |
May 12, 2022 |
| Decision |
The Peshawar High Court ruled in favor of the petitioners, setting aside the termination letters issued by NESPAK. The court found that the termination lacked procedural due process and violated the Corporate Governance Rules, which require transparency and fairness in employment practices. The court emphasized that public sector companies must adhere to good governance practices and cannot act arbitrarily against their employees. The rights of the petitioners were deemed essential and the actions taken by NESPAK were not in compliance with the established rules. |
| Summary |
In the case of Writ Petition No. 5801 of 2022, the Peshawar High Court addressed the unlawful termination of employees by NESPAK, a public sector company. The petitioners, employees of NESPAK, contested their termination under Article 199 of the Constitution of Pakistan, asserting that the procedure followed was not compliant with the Corporate Governance Rules, 2013. The court held that NESPAK's actions were arbitrary and did not follow the principles of good governance, which necessitate transparency, accountability, and procedural fairness in employment matters. The ruling emphasized that public sector entities must operate within the confines of established regulations and cannot undermine employee rights. This decision is significant as it reinforces the legal protections afforded to employees in the public sector, ensuring that their termination is justified and follows due process. The court's decision serves as a precedent for future cases concerning employment rights within public sector organizations, highlighting the importance of governance standards and the rule of law. |
| Court |
Peshawar High Court
|
| Entities Involved |
Securities and Exchange Commission of Pakistan (SECP),
National Engineering Services Pakistan (NESPAK)
|
| Judges |
Tariq Saleem Sheikh, J.
|
| Lawyers |
Mr. Shahid Anwar Bajwa,
Hafiz Tariq Nasim
|
| Petitioners |
Others,
Muhammad Tahir Nawaz Cheema,
Tariq Saleem Sheikh
|
| Respondents |
Federation of Pakistan,
Others
|
| Citations |
2023 SLD 1316,
2023 PLC 662
|
| Other Citations |
Pakistan Defence Officers Housing Authority v. Mrs. Itrat Sajjad Khan and others 2017 SCMR 2010,
M.H. Mirza v. Federation of Pakistan and 2 others 1994 SCMR 1024,
The Principal, Cadet College, Kohat, and another v. Muhammad Shoab Qureshi PLD 1984 SC 170,
Mrs. Anisa Rehman v. P.I.A.C. and another 1994 SCMR 2232,
Muhammad Mubeen-us-Salam and others v. Federation of Pakistan and others PLD 2006 SC 602,
Azizullah Memon v. Province of Sindh and another 2007 SCMR 229,
Executive Council, Allama Iqbal Open University, Islamabad through Chairman and another v. M. Tufail Hashmi 2010 SCMR 1484,
Pakistan International Airline Corporation and others v. Tanweer-ur-Rehman and others PLD 2010 SC 676,
Pakistan Telecommunication Co. Ltd. through Chairman v. Iqbal Nasir and others PLD 2011 SC 132,
Zarai Taraqiati Bank Limited and others v. Said Rehman and others 2013 SCMR 642,
Abdul Wahab and others v. HBL and others 2013 SCMR 1383,
Pakistan Defence Officers Housing Authority and others v. Lt.-Col. Syed Jawaid Ahmed 2013 SCMR 1707,
Muhammad Zaman and others v. Government of Pakistan and others 2017 SCMR 571,
Muhammad Rafi and another v. Federation of Pakistan and others 2016 SCMR 2146,
Muhammad Dawood and others v. Federation of Pakistan and others 2007 PLC (C.S.) 1046,
Civil Aviation Authority v. Javed Ahmad and another 2009 SCMR 956,
Government of Pakistan through Director General, Ministry of Interior, Islamabad and others v. Farheen Rashid 2011 SCMR 1,
Government of West Pakistan and another v. Begum Agha Abdul Karim Shorish Kashmiri PLD 1969 SC 14,
Faisal Sultan v. E.D.O. (Education) and others 2011 PLC (C.S.) 419,
Dr. Tahir Masud v. Amjad Ali Khan and 4 others 2019 PLC (C.S.) 1167
|
| Laws Involved |
Constitution of Pakistan, 1973,
Corporate Governance Rules, 2013
|
| Sections |
199,
2(1)(g),
5,
12,
25
|