| Case ID |
1a26904f-b028-423d-8438-1810a0930ee9 |
| Body |
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| Case Number |
Civil Petitions Nos., 197-L and 250-L of 1993 |
| Decision Date |
May 04, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled against the Water and Power Development Authority's appeal for leave to challenge the reinstatement of Javaid Ahmed, who had been wrongfully terminated. The court found that the lower courts had acted without jurisdiction and that the termination was mala fide. The court emphasized that the rules of justice and equity had been violated, as Javaid Ahmed had continued to work until his termination despite the presence of two junior employees who were retained. The court refused to grant leave for appeal, stating that no significant legal or public interest was raised in this case. The decision highlights the importance of due process and the jurisdictional authority of labor courts in employment matters. |
| Summary |
The Supreme Court of Pakistan addressed a significant employment law case regarding the wrongful termination of Javaid Ahmed, an employee of the Water and Power Development Authority (WAPDA). The case arose when Ahmed's employment was terminated during his probation period due to alleged financial constraints, which led to retrenchment. The Punjab Labour Court initially ruled in favor of Ahmed, ordering his reinstatement. However, WAPDA's appeal to higher courts claimed that the Labour Court acted outside its jurisdiction. The Supreme Court ultimately sided with Ahmed, declaring the termination mala fide and in conflict with principles of justice and equity. The ruling reflects on the authority of labor courts in service matters and underscores the importance of fair employment practices. Notably, the court's decision illuminated the discrepancies in the treatment of employees, as two junior employees retained their positions despite Ahmed's unlawful termination. This case serves as a critical reminder of the legal protections available to employees and the obligation of employers to adhere to lawful procedures in termination cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Water and Power Development Authority
|
| Judges |
ABDUL QADEER CHAUDHRY,
SALEEM AKHTAR
|
| Lawyers |
|
| Petitioners |
Water and Power Development Authority
|
| Respondents |
Javaid Ahmed
|
| Citations |
1996 SLD 1155,
1996 SCMR 458
|
| Other Citations |
Muhammad Yousaf v. Member, Board of Revenue (1970 SCMR 170),
Allah Ditta v. Muhammad Ashraf (1989 SCMR 92)
|
| Laws Involved |
West Pakistan Water and Power Development Authority Act (XXXI of 1958),
Constitution of Pakistan (1973)
|
| Sections |
17(1-A),
212(3)
|