| Case ID |
30800fbc-3d34-4820-a8f1-ceae62453144 |
| Body |
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| Case Number |
Civil Petition No. 12-K of 2000 |
| Decision Date |
Aug 21, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the judgment of the Sindh High Court, which had previously allowed the concurrent findings of fact regarding the petitioner's reversion to a lower post. The Court ruled that the relationship between the petitioner and the respondents was one of master and servant under a contractual employment, and thus the petitioner could only claim damages for wrongful reversion. The Court found that the High Court's decision was neither arbitrary nor in violation of settled principles of law, leading to the dismissal of the petition. |
| Summary |
In the case of Civil Petition No. 12-K of 2000, the Supreme Court of Pakistan addressed a dispute involving the reversion of an employee, AURANGZEB, from a higher position back to his original post. The case revolved around the applicability of the Specific Relief Act and the relationship dynamics between employer and employee under contractual terms. The Court ruled that the suit for declaration was not maintainable, as the petitioner was deemed to have a master-servant relationship with the respondents. The judgment emphasized the importance of statutory rules and contractual obligations within employment contexts. The decision reinforced existing legal precedents, particularly referencing Anwar Hussain v. Agricultural Development Bank of Pakistan. The Court's ruling is significant in clarifying the limitations of legal recourse available to employees in similar contractual disputes, highlighting the need for clear statutory frameworks governing employment relationships. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
DEEDAR HUSSAIN SHAH,
HAMID ALI MIRZA
|
| Lawyers |
Shafaat Hussain, Advocate Supreme Court,
M.G. Dastgir, Advocate Supreme Court,
A.A. Siddiqui, Advocate-on-Record
|
| Petitioners |
AURANGZEB
|
| Respondents |
Messrs GOOL BANO Dr. BURJOR ANKALSERIA and others
|
| Citations |
2001 SLD 1426,
2001 SCMR 909
|
| Other Citations |
Anwar Hussain v. Agricultural Development Bank of Pakistan PLD 1984 SC 194
|
| Laws Involved |
Specific Relief Act (I of 1877),
Constitution of Pakistan (1973)
|
| Sections |
42,
185(3)
|