| Case ID |
20eeb3de-f924-4c13-9613-370688e7c996 |
| Body |
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| Case Number |
Civil Petition No. 12-K of 2000 |
| Decision Date |
Aug 21, 2000 |
| Hearing Date |
Aug 21, 2000 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the judgment of the Sindh High Court. The petitioner, Aurangzeb, had been reverted to a lower post as a result of his lack of qualifications. The Court upheld the findings of the lower courts, determining that the relationship was one of master and servant, and that the claim for a declaration of illegality regarding the reversion was not maintainable under the Specific Relief Act. The Court found that contractual employment principles applied, and the petitioner could only seek damages for wrongful reversion if so advised. The High Court's judgment was neither arbitrary nor in violation of the law. Hence, the petition was dismissed and leave was refused. |
| Summary |
This case revolves around the employment dispute between Aurangzeb and the Dr. Burjor Ankalseria Nursing Home, a charitable trust. The Supreme Court of Pakistan addressed the legality of the reversion of the petitioner from a Male Nurse Aid to Ward Boy, emphasizing the principles of master and servant relationships in contractual employment. The Court reaffirmed that where an employment relationship is based on a freely entered contract, the principles of master and servant apply unless statutory rules intervene. The Court also highlighted that the petitioner sought a declaration that the reversion was illegal, but such a suit was not maintainable under the Specific Relief Act. The decision underscores the importance of qualifications in employment roles and the contractual nature of employment agreements. The ruling serves as a precedent for similar employment disputes, emphasizing the necessity for clarity on qualifications in job roles and the legal framework governing employment relationships. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Dr. Burjor Ankalseria Nursing Home
|
| Judges |
DEEDAR HUSSAIN SHAH,
HAMID ALI MIRZA
|
| Lawyers |
Shafaat Hussain, Advocate Supreme Court for Petitioner,
M.G. Dastgir, Advocate Supreme Court and A.A. Siddiqui, Advocate-on-Record for Respondents
|
| Petitioners |
Aurangzeb
|
| Respondents |
Messrs GOOL BANO Dr. BURJOR ANKALSERIA and others
|
| Citations |
2001 SLD 1973,
2001 PLC 875
|
| Other Citations |
Anwar Hussain v. Agricultural Development Bank of Pakistan PLD 1984 SC 194
|
| Laws Involved |
Specific Relief Act (I of 1877),
Constitution of Pakistan (1973)
|
| Sections |
42
|