| Case ID |
0be37b58-a319-4d4b-84db-3e3a24a7190d |
| Body |
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| Case Number |
Civil Petition No. 484 of 1994 |
| Decision Date |
Feb 22, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal in the case concerning the discriminatory retirement policy based on sex, as challenged under Articles 25 and 27 of the Constitution. The Court acknowledged the arguments regarding the applicability of statutory rules of service and the discriminatory nature of Regulation No. 25 of the Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985. The decision emphasized that arbitrary changes to employment terms disadvantaging employees constitute discrimination, thereby violating constitutional protections. Consequently, the Court permitted the appeal to further examine whether the employees of P.IA.C. are governed by statutory service rules and if the impugned regulation infringes upon fundamental constitutional rights. |
| Summary |
In the landmark case Civil Petition No. 484 of 1994, adjudicated by the Supreme Court of Pakistan on February 22, 1995, key issues of employment discrimination and statutory service regulations were scrutinized. The petitioner, represented by the Chairman of Pakistan International Airlines Corporation (P.IA.C.), challenged the forced retirement of an employee, SHERIN DOKHTH, on the sole basis of her sex, arguing that Regulation No. 25 of the P.IA.C. Employees (Service and Discipline) Regulations, 1985, which mandated retirement at age 45 for female employees, was inherently discriminatory. The High Court of Sindh had previously ruled in favor of the respondent, citing violations of Articles 25 and 27 of the Constitution of Pakistan, which guarantee equal protection and non-discrimination.
The Supreme Court's decision to grant leave to appeal underscored the necessity to determine whether P.IA.C.'s employment terms are governed by statutory rules or merely by master-servant law principles. The case referenced pivotal precedents such as Mrs. Anisa Rehman v. P.IA.C. and Raziuddin v. Chairman, Pakistan International Airlines Corporation, highlighting the court's stance on the enforceability of statutory service rules and the remedies available for wrongful dismissal. The petitioner contended that without statutory backing, the employment relationship should not allow for arbitrary changes to terms of service, especially those leading to gender-based discrimination.
Legal experts and advocates, including Ghulam Basit and Abdul Hafeez Pirzada, presented arguments emphasizing the constitutional imperatives for equal treatment in employment and the prohibition of sex-based discrimination. The Court's affirmation to hear the appeal signified a critical examination of employment laws within corporate structures and their alignment with constitutional mandates. This case not only impacts the internal policies of state-affiliated corporations like P.IA.C. but also sets a precedent for safeguarding employees' rights against discriminatory practices in the broader landscape of Pakistani labor law.
The decision is pivotal for legal professionals, human rights advocates, and employees within corporate entities, as it reinforces the judiciary's role in upholding constitutional rights against discriminatory employment policies. By addressing the interplay between statutory regulations and constitutional protections, the Supreme Court affirms the necessity for fair and equitable treatment of employees, thereby influencing future litigation and corporate governance practices in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan International Airlines Corporation
|
| Judges |
MIR HAZAR KHAN KHOSO,
MUKHTAR AHMAD JUNEJO
|
| Lawyers |
Ghulam Basit, Advocate Supreme Court,
Imtiaz A. Khan, Advocate-on-Record,
Abdul Hafeez Pirzada, Advocate Supreme Court,
Ijaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
another,
CHAIRMAN, PAKISTAN INTERNATIONAL AIRLINES CORPORATION, KARACHI
|
| Respondents |
another,
SHERIN DOKHTH
|
| Citations |
1996 SLD 334,
1996 PLC 181
|
| Other Citations |
Mrs. Anisa Rehman v. P.IA.C. and another 1994 SCMR 2232,
Raziuddin v. Chairman, Pakistan International Airlines Corporation and others PLD 1992 SC 531
|
| Laws Involved |
Constitution of Pakistan,
Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985
|
| Sections |
25,
185(3),
27,
25
|