| Case ID |
2bff89a2-0802-49bd-8ac0-dbdb71e97056 |
| Body |
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| Case Number |
Writ Petitions Nos. 16223, 13669 and 13664 of 2014 |
| Decision Date |
Nov 30, 2017 |
| Hearing Date |
Oct 09, 2017 |
| Decision |
The Lahore High Court dismissed the petitions challenging the termination of contract employees at the Punjab Education Foundation. The court held that the managing director had the authority to terminate the services of contract employees without needing approval from the Board of Directors or the Provincial Government. The petitioners, who were employed under the Punjab Education Foundation (Contract Appointment) Rules, 2006, were found to have accepted the terms of their contracts, which allowed for termination with one month's salary in lieu of notice. The court ruled that the petitioners failed to demonstrate any violation of their fundamental rights or statutory provisions, leading to the conclusion that their employment was contractual and not subject to the same protections as permanent positions. The decision reinforced the autonomy of the Foundation in managing its workforce under the contractual framework established by the relevant laws. |
| Summary |
This case involves several writ petitions filed by employees of the Punjab Education Foundation challenging their termination from service. The Lahore High Court addressed key legal principles regarding the authority of the managing director to terminate contract employees and the applicability of the Punjab Education Foundation (Contract Appointment) Rules, 2006. The court found that the petitioners had accepted their employment under these rules, which conferred no right to regularization or permanent employment. The decision emphasized the contractual nature of their appointments and upheld the managing director's authority to terminate their services without further approval. The ruling has implications for employment rights within statutory bodies and the interpretation of contractual employment terms, especially in the context of public sector organizations in Pakistan. The case underscores the importance of understanding the legal framework governing employment in autonomous statutory bodies, particularly concerning contract appointments, and the limited rights of contract employees under such arrangements. This determination may influence future litigation regarding employment disputes in similar contexts. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Education Foundation
|
| Judges |
Jawad Hassan
|
| Lawyers |
Waqqas Ahmad Mir,
Mian Wajhat Ali,
Hassan Niazi,
Miss Noor Bano,
Mahmood Ahmad Qazi,
Malik Muhammad Usman Awan,
Jari Ullah Khan,
Shan Gull,
Ashfaq Karal
|
| Petitioners |
Mohsin Rashid Gillani,
Hassan Javed
|
| Respondents |
Punjab Education Foundation,
Waqqas Ahmad Mir,
Mian Wajhat Ali,
Hassan Niazi,
Miss Noor Bano
|
| Citations |
2018 SLD 1594,
2018 PLC 580
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Punjab Education Foundation Act, 2004
|
| Sections |
5,
8,
13
|