| Case ID |
046c4b54-a54a-408b-90a6-fefd00a9ffa3 |
| Body |
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| Case Number |
D-1595 of 2017 |
| Decision Date |
Feb 26, 2018 |
| Hearing Date |
Feb 22, 2018 |
| Decision |
The court held that the petitioner's termination from service was issued without jurisdiction as the Pakistan Defence Officers Housing Authority Service Rules, 2008 were non-statutory in nature. The petitioner could not approach the High Court in constitutional jurisdiction and was advised to seek other legal remedies. Consequently, the constitutional petition was dismissed. |
| Summary |
This case revolves around the termination of a petitioner employed by the Pakistan Defence Officers Housing Authority. The petitioner argued that his termination was without jurisdiction and violated principles of natural justice. The court examined the nature of the service rules governing the authority and concluded that they were non-statutory, thereby rendering the petition not maintainable in constitutional jurisdiction. The ruling emphasized the importance of statutory regulations in employment matters and the limitations on judicial intervention in non-statutory employment disputes. The decision underscores the need for employees of non-statutory bodies to seek remedies through appropriate channels rather than constitutional petitions, which can lead to a significant impact on employment law and workers' rights within similar organizations. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Defence Officers Housing Authority
|
| Judges |
Irfan Saadat Khan,
Adnan-ul-Karim Memon
|
| Lawyers |
Tariq A. Memon,
Malik Naeem Iqbal
|
| Petitioners |
Irfan Saadat Khan
|
| Respondents |
Pakistan Defence Housing Authority through Administrator
|
| Citations |
2020 SLD 552,
2020 PLC 245
|
| Other Citations |
Abdul Wahab and others v. HBL and others 2013 SCMR 1383,
Pakistan Defence Housing Authority v. Lt. Col. Javed Ahmed 2013 SCMR 1707,
Muhammad Zaman and others v. Government of Pakistan 2017 SCMR 571,
Pakistan Defence Housing Authority v. Mrs. Itrat Sajjad Khan and others 2017 SCMR 2010
|
| Laws Involved |
Pakistan Defence Officers Housing Authority Service Rules, 2008
|
| Sections |
Not available
|