| Case ID |
2e2252c8-1637-43fc-b877-026d67aa8280 |
| Body |
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| Case Number |
Writ Petition No. 6080-P of 2018 |
| Decision Date |
May 06, 2019 |
| Hearing Date |
|
| Decision |
The High Court dismissed the constitutional petition filed by Anwar Khan against the refusal of the Electric Supply Company (PESCO) to appoint him as a driver. The court found that PESCO, being a company incorporated under the Companies Ordinance, 1984, does not have statutory rules governing appointments. The petitioner failed to demonstrate a violation of any law or his constitutional rights that would warrant the court's intervention under Article 199 of the Constitution. As such, the petition lacked merit and was dismissed. |
| Summary |
In the case of Anwar Khan vs. Chairman WAPDA and others, the Peshawar High Court addressed the issue of a constitutional petition concerning employment rights within the framework of corporate law. Anwar Khan sought to challenge the refusal of PESCO to appoint him as a driver, claiming it was illegal and without lawful authority. The court analyzed the maintainability of the petition, considering that PESCO operates under the Companies Ordinance, 1984, and does not adhere to any statutory rules. The judges emphasized that without a clear violation of law or constitutional rights, the court could not intervene in employment matters of a private company. The ruling reinforced the principle that constitutional jurisdiction is not applicable in cases lacking statutory provisions. The decision highlights the importance of statutory frameworks in employment disputes and the limitations of constitutional petitions in corporate governance. This case serves as a significant reference for similar cases where employment rights are contested in the absence of statutory rules. Keywords: Constitutional petition, Employment law, PESCO, Peshawar High Court, Corporate governance, Legal rights, Judicial review. |
| Court |
Peshawar High Court
|
| Entities Involved |
PESCO,
Electric Supply Company
|
| Judges |
MOHAMMAD IBRAHIM KHAN,
ABDUL SHAKOOR
|
| Lawyers |
Danial Khan Chamkani,
Shakir Ullah Afridi
|
| Petitioners |
ANWAR KHAN
|
| Respondents |
2 OTHERS,
CHAIRMAN WAPDA,
WAPDA HOUSE
|
| Citations |
2020 SLD 337,
2020 PLC 136
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|