| Case ID |
266905f1-d3ae-4356-873a-03b6d999fd83 |
| Body |
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| Case Number |
High Court Appeal No. 30 of 1995 |
| Decision Date |
Jan 31, 2000 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled in favor of the respondent, Ali Ahmed Qureshi, granting him damages due to his premature retirement. The Court established that the respondent was wrongfully dismissed without due process, violating principles of natural justice. The ruling emphasized that acceptance of legal dues does not constitute a waiver of the right to contest wrongful dismissal. The Court ordered the Federation of Pakistan to pay a sum of Rs. 1,000,000 as compensation for the damages incurred by the respondent due to illegal termination of employment. |
| Summary |
In the case of Ali Ahmed Qureshi vs. Federation of Pakistan, the Sindh High Court addressed wrongful termination and the principles of natural justice. The respondent, Ali Ahmed Qureshi, was prematurely retired from his position without the requisite inquiry or notice, leading him to file a suit for recovery of damages and arrears of salary. The Court highlighted that mere acceptance of dues by the employee doesn't equate to a waiver of rights to challenge the dismissal. The judgment reinforced employee protections under service regulations and established the necessity for proper procedural safeguards in cases of alleged misconduct. The decision also referenced pivotal case laws that set precedents for employee rights in Pakistan, emphasizing the importance of adhering to due process in employment matters. This ruling not only underscored the judiciary's role in safeguarding employee rights but also contributed to the evolving discourse on labor law in Pakistan, making it a significant case in the realm of employment disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
National Radio Telecommunication,
Chamber of Commerce and Industry
|
| Judges |
SABIHUDDIN AHMED,
ABDUL GHANI SHAIKH
|
| Lawyers |
Saeed A. Shaikh,
M.L. Shahani
|
| Petitioners |
FEDERATION OF PAKISTAN
|
| Respondents |
ALI AHMED QURESHI
|
| Citations |
2000 SLD 2034,
2000 CLC 1551
|
| Other Citations |
General Manager, National Radio Telecommunication v. Muhammad Aslam and others 1992 SCMR 2169,
S.S. Shetty v. Bharat Nidhi Ltd. AIR 1958 SC 12,
Muhammad Siddique Jawaid v. Government of West Pakistan PLD 1974 SC 393
|
| Laws Involved |
Qanun-e-Shahadat
|
| Sections |
10 of 1984
|