| Case ID |
0f7254c2-2854-4c0d-a561-a8fec4e46a92 |
| Body |
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| Case Number |
Intra-Court Appeal No. 110 in Writ Petition No. 37 |
| Decision Date |
Apr 27, 2000 |
| Hearing Date |
|
| Decision |
The Intra-Court Appeal was dismissed in limine, affirming the decision of the learned Single Judge who found that the termination of the appellant, a contract employee, was valid. The court ruled that the appellant's claim for reinstatement was effectively a request for specific performance of the contract, which is not permissible under constitutional jurisdiction. The court reiterated that a contractual appointment does not confer an absolute right to complete the term, and any grievance regarding premature termination must be pursued through tort for damages. The findings emphasized that the termination order was issued by the same authority that employed the appellant, negating the basis for challenging the termination. |
| Summary |
This case revolves around the contractual employment of Maj. (Retd.) Shehzad Hussain Khan with the Municipal Corporation, Multan, which was terminated prematurely by the Government of the Punjab. The Lahore High Court addressed the legal implications of contractual appointments under Article 199 of the Constitution of Pakistan. The court clarified that a contractual employee does not have an inherent right to complete their term and that premature termination does not automatically confer rights to reinstatement. Instead, the appropriate remedy lies in tort law for damages. Furthermore, the court distinguished between specific performance of a contract and constitutional relief, determining that the latter was not applicable in this scenario. The decision highlighted important legal principles regarding employment rights, the nature of contractual obligations, and the limitations of constitutional petitions in employment disputes. Keywords: contractual employment, premature termination, constitutional petition, Lahore High Court, tort for damages, legal principles. |
| Court |
Lahore High Court
|
| Entities Involved |
Municipal Corporation, Multan
|
| Judges |
NASIM SIKANDAR,
MUHAMMAD AKHTAR SHABBIR
|
| Lawyers |
Sh. Zia-ud-Din Ahmad Qamar
|
| Petitioners |
Maj. (Retd.) SHEHZAD HUSSAINKHAN
|
| Respondents |
GOVERNMENT OF THE PUNJAB
|
| Citations |
2001 SLD 1834,
2001 PLC 249
|
| Other Citations |
1998 SCMR 429,
PLD 1987 SC 304,
PLD 1975 Lah. 244
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
199,
189
|