| Case ID |
2aac1dcc-048a-4222-ba47-2d33b944e62a |
| Body |
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| Case Number |
C.R. No. 262 of 2016 |
| Decision Date |
Oct 16, 2017 |
| Hearing Date |
|
| Decision |
The court dismissed the petition, ruling that the suit for declaration and permanent injunction was not maintainable. The court found that the petitioner’s relationship with the employer was governed by a contract and that the internal policy of the Fauji Foundation did not have statutory force. The court emphasized that contractual obligations do not confer legal character as defined under Section 42 of the Specific Relief Act. Thus, the rejection of the plaint by the trial court was upheld, indicating that a stillborn suit must be dismissed at its inception without proceeding further. |
| Summary |
In the case of Lieutenant Colonel Saeed Ahmad Awan (R) vs. Fauji Foundation Trust, the Peshawar High Court addressed significant issues surrounding contractual employment and the enforceability of internal policies within private trusts. The petitioner sought a declaration to extend his contract as principal of the Fauji Foundation Model School, arguing that he was entitled to a two-year extension based on a policy letter. However, the court ruled that the relationship between the employee and employer was strictly contractual, lacking statutory backing. The court clarified that rights and obligations arising from such agreements do not confer the legal character necessary to sustain a suit under Section 42 of the Specific Relief Act. The judgment highlighted the principle that matters of master and servant governed by contract do not allow for reinstatement claims unless statutory rules apply. This ruling reinforces the importance of statutory frameworks in employment relations and the limitations of contractual claims in court. It serves as a crucial reference for similar cases involving employment contracts and specific performance issues, particularly within private organizations without statutory mandates. |
| Court |
Peshawar High Court
|
| Entities Involved |
Fauji Foundation
|
| Judges |
SYED ARSHAD ALI
|
| Lawyers |
Qazi Muhammad Shehryar,
Mr. Fida Bahadur
|
| Petitioners |
Lieutenant Colonel Saeed Ahmad Awan (R)
|
| Respondents |
FAUJI FOUNDATION TRUST THROUGH MANAGING DIRECTOR AND 6 OTHERS
|
| Citations |
2018 SLD 2903,
2018 PLJ 225
|
| Other Citations |
2015 CLC 530,
2002 SCMR 338
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
21,
21(b),
42,
O.XXXIX,Rr.1,
O.XXXIX,Rr.2,
O.XXXIX,Rr.11
|