| Case ID |
09dab2a3-77d6-41a2-ae62-b71bd51ed1db |
| Body |
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| Case Number |
C.P. No. D-562 of 2012 |
| Decision Date |
Mar 07, 2018 |
| Hearing Date |
Mar 05, 2018 |
| Decision |
The High Court ruled in favor of the petitioner, directing the Pakistan International Airlines Corporation (PIAC) to consider the regularization of the petitioner's services without discrimination. The court found that the petitioner had been treated unfairly compared to her colleagues, who had been regularized despite similar circumstances. The decision emphasized the importance of equality and non-discrimination in employment practices, particularly under the Constitution of Pakistan. The court ordered that the case be reviewed within two months, ensuring compliance with the law and equitable treatment for all employees. |
| Summary |
In the case of NABEELA ASHFAQ vs. FEDERATION OF PAKISTAN, the Sindh High Court addressed the issue of regularization of contract employees within the Pakistan International Airlines Corporation (PIAC). The petitioner, NABEELA ASHFAQ, had been employed as an Airhostess since 1994 but faced discrimination regarding her employment status compared to her colleagues. The court found that the refusal to regularize her position, despite her lengthy and unblemished service record, violated her constitutional rights under Articles 5 and 25 of the Constitution of Pakistan. The High Court emphasized that regularization should not solely depend on arbitrary policies but must align with principles of fairness and equality. The ruling reinforced the need for transparency in employment practices and mandated that the PIAC re-evaluate its decisions regarding employee regularization. This case highlights significant legal principles surrounding employment rights, discrimination, and the obligations of state functionaries to adhere to constitutional mandates. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan International Airlines Corporation
|
| Judges |
IFRAN SAADAT KHAN,
ADNAN-UL-KARIM MEMON
|
| Lawyers |
Faizan Hussain Memon,
Usman Tufail Shaikh
|
| Petitioners |
NABEELA ASHFAQ
|
| Respondents |
3 OTHERS,
FEDERATION OF PAKISTAN THROUGH SECRETARY DEFENCE
|
| Citations |
2020 SLD 328,
2020 PLC 24
|
| Other Citations |
PLD 2005 SC 831,
2015 SCMR 1545,
1991 SCMR 1041,
2013 SCMR 1205
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
5,
25(2)
|