| Case ID |
2bea31a3-6c56-440f-b510-719bd4cc9166 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petitions Nos.12383, 17705, 23477, 9812 of 19 |
| Decision Date |
Feb 20, 2003 |
| Hearing Date |
Nov 07, 2000 |
| Decision |
The Lahore High Court dismissed the writ petitions as not maintainable, ruling that the petitioners, who were employees of Lahore Electric Supply Company (LESCO) and Gujranwala Electric Power Company (GEPCO), could not challenge the orders of compulsory retirement, dismissal, and removal from service under Article 199 of the Constitution of Pakistan. The Court held that the companies were commercial entities not owned by the Federal Government, thus the law of master and servant applied. The petitioners were advised to seek damages through civil suits instead. The Court also noted that the orders were not issued by public functionaries and therefore did not fall under the purview of the Service Tribunals Act, 1973, as the officials of LESCO and GEPCO were not considered competent authorities for such challenges. |
| Summary |
This case involves multiple writ petitions filed against Lahore Electric Supply Company (LESCO) and Gujranwala Electric Power Company (GEPCO) by employees who were subjected to compulsory retirement, dismissal, and removal from service. The Lahore High Court ruled that the petitioners could not challenge the decisions under Article 199 of the Constitution, as the companies are commercial entities and not statutory corporations. The Court emphasized the applicability of the law of master and servant in this context and advised petitioners to seek damages through civil litigation. The decision highlighted the limitations of the Service Tribunals Act, 1973 concerning the jurisdiction over non-statutory corporations, reiterating that the orders passed by officials of these companies cannot be challenged in the Federal Service Tribunal. This case underscores the importance of understanding the nature of employment within commercial entities and the legal recourse available to aggrieved employees. |
| Court |
Lahore High Court
|
| Entities Involved |
Lahore Electric Supply Company (LESCO),
Gujranwala Electric Power Company (GEPCO)
|
| Judges |
M. JAVED BUTTAR
|
| Lawyers |
Asmat Kamal Khan,
Mian Fide Hussain
|
| Petitioners |
MUHAMMAD TUFAIL
|
| Respondents |
another,
EXECUTIVE ENGINEER, LAHORE ELECTRIC SUPPLY COMPANY LIMITED, LAHORE
|
| Citations |
2003 SLD 416 = 2003 PLC 1296
|
| Other Citations |
Basharat Ali v. Director, Excise and Taxation, Lahore and another 1997 PLC (C.S.) 817,
Ahmad Hussain Qureshi v. Chairman, Water and Power Development Authority and another PLD 1967 Lah. 796,
Fayyaz Ali Khan v. The Government of West Pakistan through the Secretary, Transport Department and another 1971 SCMR 454,
Ch. Muhammad Ashraf v. Punjab Road Transport Board, Lahore and 2 others 1980 PLC 409,
Mujeebullah Aijaz v. Director-General, Telephone and Telegraph Department and 2 others PLD 1980 Quetta 58,
Mian Inamul Mulk v. N.-W.F.P. through Chief Secretary PLD 1981 Pesh. 1
|
| Laws Involved |
Service Tribunals Act, 1973
|
| Sections |
2
|