| Case ID |
15c1c77a-fb2c-4c4d-b349-b4da6f071f0b |
| Body |
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| Case Number |
D-1271 of 1988 |
| Decision Date |
Mar 27, 1991 |
| Hearing Date |
Mar 27, 1991 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Ghulam Hafeez against the Government of Sindh. The court declared the petition non-maintainable, stating that the petitioner was neither a civil servant nor governed by any statutory service rules. The rules applicable to the petitioner were made by the Governing Body of the Sindh Employees' Social Security Institution under the powers given by Section 80 of the West Pakistan Employees' Social Security Ordinance, 1965. The court referenced previous case law, emphasizing that without statutory rules, the petitioner's case could not be upheld. Thus, the court concluded that the employee's terms of service were governed by internal regulations, not statutory law, leading to the dismissal of the petition without any order as to costs. |
| Summary |
In the case of Ghulam Hafeez vs. Government of Sindh, the Sindh High Court addressed issues surrounding the dismissal of an employee from the Sindh Social Security Institution. The petitioner, Ghulam Hafeez, who was an Audit Officer, was dismissed following a conviction by a Military Court, which was later overturned. The court found that the petitioner was not protected under statutory rules applicable to civil servants, as the regulations governing his employment were established by the institution's Governing Body rather than by law. This critical distinction led to the conclusion that the constitutional petition was not maintainable. The court's decision reinforces the principle that employees governed by internal regulations rather than statutory rules have limited recourse in challenging employment actions. This case highlights important aspects of employment law and the distinction between statutory and non-statutory regulations in public service employment. |
| Court |
Sindh High Court
|
| Entities Involved |
Sindh Social Security Institution
|
| Judges |
MAMOON KAZI,
SALAHUDDIN MIRZA
|
| Lawyers |
Muhammad Ibrahim Memon,
A.A. Muhammad Ally,
Muhammad Aslam Butt
|
| Petitioners |
GHULAM HAFEEZ
|
| Respondents |
GOVERNMENT OF SINDH through Secretary, Labour, Sindh and another
|
| Citations |
1991 SLD 301,
1991 PLC 530
|
| Other Citations |
PLD 1984 SC 170,
PLD 1984 SC 194
|
| Laws Involved |
West Pakistan Employees' Social Security Ordinance, 1965,
Sindh Civil Servants (Efficiency and Discipline) Rules, 1973,
Constitution of Pakistan, 1973
|
| Sections |
80,
199
|