| Case ID |
0b9a478d-40dd-486a-a69e-3c63e9bbf050 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 85-K of 199 |
| Decision Date |
May 11, 1998 |
| Hearing Date |
May 11, 1998 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the order of the High Court of Sindh regarding the termination of the petitioner's service from Muslim Commercial Bank Ltd. The Court found that the employee, having been part of a denationalised institution, could not challenge the termination through a constitutional petition under Article 199 of the Constitution. The Court emphasized that the matters of service termination in such cases do not give rise to constitutional jurisdiction as it pertains to individual grievances rather than issues of public importance. The findings of the High Court were deemed well-reasoned and not warranting interference. |
| Summary |
This case revolves around the termination of Wazir Ali Khoja from his position at Muslim Commercial Bank Ltd., a privatised entity previously nationalised under the Bank Nationalisation Act, 1974. The petitioner sought relief through a constitutional petition challenging the legality of his termination, arguing that it was done without due process and in violation of his fundamental rights. The Supreme Court, however, upheld the High Court's decision, stating that the jurisdiction under Article 199 of the Constitution does not extend to cases involving privatised institutions for matters of termination. This case highlights the limitations of constitutional petitions in employment disputes, particularly in the context of privatised entities and the nature of judicial review. It underscores the importance of exploring proper avenues for grievances related to employment termination, emphasizing that individual grievances do not equate to matters of public importance. This decision is significant for employees in privatised sectors, providing clarity on the scope of constitutional protections available to them. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Muslim Commercial Bank Ltd.
|
| Judges |
NASIR ASLAM ZAHID,
MUNAWAR AHMAD MIRZA,
ABDUR REHMAN KHAN
|
| Lawyers |
Muhammad Akram Sheikh, Senior Advocate Supreme Court,
Rehmat Hasan Farooqui, Advocate Supreme Court,
K.A. Wahab, Advocate-on-Record for Petitioner,
Raja Muhammad Akram, Senior Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record for Respondent No. 1
|
| Petitioners |
WAZIR ALI KHOJA
|
| Respondents |
others,
MUSLIM COMMERCIAL BANK LTD.
|
| Citations |
1998 SLD 745 = 1998 SCMR 1452
|
| Other Citations |
1998 SCMR 68,
1998 SCMR 60,
PLD 1975 SC 244,
PLD 1988 SC 416,
PLD 1990 SC 513,
1991 SCMR 1041,
1993 SCMR 2000,
1997 SCMR 1543,
1995 SCMR 453,
PLD 1993 Lah. 281
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
199,
185(3)
|