| Case ID |
09737532-5c58-4e98-a428-4c4d4badff95 |
| Body |
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| Case Number |
W.P. No. 3268 of 2015 |
| Decision Date |
Jun 30, 2016 |
| Hearing Date |
May 18, 2016 |
| Decision |
The Islamabad High Court dismissed the petitions filed by the Oil and Gas Development Company Ltd. against the orders of the Sacked Employees Review Board. The court upheld the Review Board's jurisdiction and decisions, emphasizing that the Sacked Employees (Re-instatement) Act, 2010 was a beneficial legislation aimed at reinstating employees who had been wrongfully terminated. The court reiterated that the decisions of the Review Board are final and cannot be questioned in any court unless they are found to be without jurisdiction, coram non judice, or tainted with malafide. The court found no merit in the arguments presented by the petitioners concerning the alleged lack of written termination orders and affirmed that the Review Board had acted within its powers as defined under the relevant sections of the Sacked Employees Act. The petitioners' claims regarding jurisdictional issues and the status of the respondents were dismissed as the factual determinations made by the Review Board were not subject to judicial review. |
| Summary |
This case revolves around the interpretation and application of the Sacked Employees (Re-instatement) Act, 2010, which is designed to provide relief to employees who have been unlawfully terminated from their positions. The Islamabad High Court's decision highlights the importance of the Review Board established under this Act, which is composed of senior officers of the Federal Government. The court emphasized that the Review Board has the authority to make final decisions regarding reinstatement, and these decisions cannot be contested in higher courts unless they fall under specific exceptions. The court's ruling reinforces the notion that the legislative intent behind the Sacked Employees Act is to protect the rights of employees and provide them with a mechanism for reinstatement, thereby promoting job security and fairness in employment practices. The case underscores the significance of legal representation in employment disputes and the need for clear documentation in termination cases. Legal professionals involved in similar cases must be aware of the provisions of the Sacked Employees Act and the implications of the Review Board's decisions. Trends in employment law continue to evolve, and this case serves as a crucial reference point for future disputes involving wrongful termination and employee rights. |
| Court |
Islamabad High Court
|
| Entities Involved |
Federal Government
|
| Judges |
ATHAR MINALLAH, JUSTICE
|
| Lawyers |
Mr. Nasim Sikandar, ASC,
Barrister Qadir Bakhsh, ASC,
Ms. Mobeen Khan, Advocate,
Ch. Muhammad Asad Raan, Advocate,
Rana Liaqat Hayat, Advocate
|
| Petitioners |
OIL AND GAS DEVELOPMENT COMPANY LTD.
|
| Respondents |
SACKED EMPLOYEES REVIEW BOARD
|
| Citations |
2017 SLD 221,
2017 PLJ 36
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Sacked Employees (Re-instatement) Act, 2010,
Constitution of Pakistan, 1973
|
| Sections |
11,
13,
2(F),
199
|