| Case ID |
376adc00-3efd-4233-8eb8-0c47ee9410b9 |
| Body |
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| Case Number |
W.P. No. 38871 of 2016 |
| Decision Date |
Sep 25, 2017 |
| Hearing Date |
Sep 25, 2017 |
| Decision |
The Lahore High Court allowed the constitutional petition of Pakistan Telecommunication Company Ltd. against the reinstatement of M. Rafique, ruling that the application for reinstatement was not filed within the required ninety days as stipulated by the Sacked Employees (Reinstatement) Ordinance, 2010. It was determined that the employee had been removed due to a bogus appointment and failed to demonstrate timely filing of the necessary application for reinstatement. Consequently, the impugned order by the Review Board was set aside, and the petition was accepted. |
| Summary |
The case revolves around the interpretation and application of the Sacked Employees (Reinstatement) Ordinance, 2010, specifically regarding the reinstatement of employees terminated under allegations of bogus appointments. The Lahore High Court examined the procedural requirements for filing an application for reinstatement and determined that M. Rafique did not comply with the required timelines. The court emphasized that the failure to file within the stipulated ninety days barred any claim for reinstatement. This decision underscores the importance of adhering to legal timelines in employment law and the consequences of failing to do so. The ruling also highlights the court's reluctance to interfere with factual inquiries that require evidentiary support. Overall, the case serves as a critical reference for issues related to employment reinstatement, legal compliance, and the management of terminated employees within public and private organizations. |
| Court |
Lahore High Court
|
| Entities Involved |
Pakistan Telecommunication Company Ltd.,
M. Rafique
|
| Judges |
Jawad Hassan
|
| Lawyers |
Shahid Anwar Bajwa,
Abdul Rehman Bajwa,
Ch. Shaukat Hayat Gondal
|
| Petitioners |
Pakistan Telecommunication Company Ltd.
|
| Respondents |
2 Others,
M. Rafique
|
| Citations |
2018 SLD 581,
2018 PLC 169
|
| Other Citations |
2007 SCMR 1328
|
| Laws Involved |
Sacked Employees (Reinstatement) Ordinance, 2010
|
| Sections |
3,
2(d),
2(f),
13
|