| Case ID |
0ff133fa-5db8-45ef-9177-e44ef0fdd92b |
| Body |
View case body. Login to View |
| Case Number |
D-1892 of 2000 |
| Decision Date |
Feb 07, 2001 |
| Hearing Date |
Feb 07, 2001 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the Democratic Workers Union C.B.A. against the State Bank of Pakistan. The court held that the petitioner, representing the interests of its members, lacked the locus standi to invoke the constitutional jurisdiction for the alleged violation of the fundamental rights of its members. The court emphasized that a collective bargaining agent does not possess the right to represent its members in matters concerning personal grievances unless it can prove a direct violation of its own rights. Furthermore, the court noted that the appointments made by the State Bank were in accordance with the regulations and did not demonstrate any mala fide intention or favoritism. The court concluded that the petitioner did not establish any legal injury or violation of rights, thus rendering the petition not maintainable under Article 199 of the Constitution of Pakistan. |
| Summary |
The case revolves around a constitutional petition filed by the Democratic Workers Union C.B.A. challenging the appointments made by the State Bank of Pakistan. The main argument presented was that the appointments were made without lawful authority and violated the rights of existing employees. However, the Sindh High Court dismissed the petition on the grounds of lack of locus standi, stating that the petitioner could not invoke the constitutional jurisdiction on behalf of its members without proving a direct grievance. The court clarified that public interest litigation could not be initiated under Article 199, which is subject to specific constraints, and emphasized the importance of personal grievance in such petitions. This case highlights the limitations of collective bargaining agents in legal proceedings and reinforces the distinction between individual rights and collective representation. Keywords include 'constitutional petition', 'locus standi', 'fundamental rights', 'public interest litigation', 'State Bank of Pakistan', 'Sindh High Court'. |
| Court |
Sindh High Court
|
| Entities Involved |
STATE BANK OF PAKISTAN
|
| Judges |
SAIYED SAEED ASHHAD, C.J.,
WAHID BUX BROHI, J
|
| Lawyers |
Abdul Mujeeb Pirzada,
K.M.A. Samdani,
Syed Zaki Muhammad, Dy. A.-G.
|
| Petitioners |
DEMOCRATIC WORKERS UNION C.B.A.
|
| Respondents |
others,
STATE BANK OF PAKISTAN
|
| Citations |
2002 SLD 1790,
2002 PLC 614
|
| Other Citations |
Haji Mojakar Ali v. Regional Transport Authority, Sylhet and others PLD 1967 Dacca 6,
The Punjab Miners Labour Union v. The West Pakistan Industrial Development Corporation, Jhelum PLD 1972 Lah. 489,
Ch. Jalal-ud-Din and another v. Settlement Commissioner, Lahore and others 1968 SCMR 995,
Miss Benazir Bhutto v. Federation of Pakistan and another PLD 1988 SC 416,
Ardeshir Cowasj'ee and 20 others v. Karachi Building Control Authority, Karachi Metropolitan Corporation and 4 others 1999 SCMR 2883,
Mohtarma Benazir Bhutto and another v. President of Pakistan and others PLD 1998 SC 388,
Al-Jehad Trust and others v. Federation of Pakistan and others PLD 1996 SC 324,
Mian Muhammad Nawaz Sharif v. Federation of Pakistan and others PLD 1993 SC 374,
Government of Balochistan through Chief Secretary v. Azizulah Memon and 16 others PLD 1993 SC 341,
Abdul Jabbar Memon and others 1996 SCMR 1349,
Pakistan Tabacco Company Ltd. and another v. Federation of Pakistan through Secretary, Ministry of Commerce, Islamabad and 3 others 1999 SCMR 382,
Dr. Muhammad Tahir Achakzai and others v. Government of Balochistan and others 1999 SCMR 1689,
Nizamuddin and another v. Civil Aviation Authority and 2 others 1999 SCMR 467,
Sardar Farooq Ahmad Khan Leghari and others v. Federation of Pakistan and others PLD 1999 SC 57,
Multiline Associates v. Ardeshir Cowasjee and others 1995 SCMR 362
|
| Laws Involved |
State Bank of Pakistan Staff Regulations, 1999,
Constitution of Pakistan, 1973,
Service Tribunals Act (LXX of 1973)
|
| Sections |
6,
10,
199,
184(3),
2-A
|