| Case ID |
3990a295-062b-403d-91a3-69646e1380e9 |
| Body |
View case body. Login to View |
| Case Number |
D-259 of 1982 |
| Decision Date |
May 18, 1989 |
| Hearing Date |
|
| Decision |
The petition was dismissed as the court held that the petitioner, Sultan Ahmed Geelani, should have utilized the remedy provided under section 7 of the Pakistan Essential Services (Maintenance) Act. The court emphasized that the petitioner had initially been reinstated by the N.I.R.C., but the Supreme Court found that the N.I.R.C. lacked jurisdiction in this matter. The Supreme Court's ruling indicated that the appropriate course of action for the petitioner was to pursue the remedies outlined in the Essential Services Act, and since this remedy was available, the constitutional petition was not maintainable. The court concluded that it could not entertain the writ petition given the clear directive from the Supreme Court regarding the proper legal recourse. Consequently, the petition was dismissed without any order as to costs. |
| Summary |
In the case of Sultan Ahmed Geelani vs. Karachi Electric Supply Corporation Ltd., the Sindh High Court addressed the maintainability of a constitutional petition concerning the dismissal of the petitioner from his position as Data Processing Manager. The court highlighted the importance of following prescribed legal remedies under the Pakistan Essential Services (Maintenance) Act. The Supreme Court previously ruled that the N.I.R.C. did not have jurisdiction over the petitioner's application, thus affirming the need for the petitioner to pursue his claims through section 7 of the Act. The judgment emphasizes the legal principles surrounding employment termination and the necessity of adhering to statutory remedies, providing significant insights into labor law and constitutional procedures in Pakistan. This case serves as a pivotal reference for understanding employee rights and the judicial framework governing essential services in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Electric Supply Corporation Ltd.
|
| Judges |
AJMAL MIAN CJ,
SALAHUDDIN MIRA, J
|
| Lawyers |
Mushtaq Memon,
Nurul Hassan
|
| Petitioners |
SULTAN AHMED GEELANI
|
| Respondents |
KARACHI ELECTRIC SUPPLY CORPORATION Ltd.
|
| Citations |
1991 SLD 2024,
1991 PLC 11
|
| Other Citations |
PLD 1982 SC 113
|
| Laws Involved |
Pakistan Essential Services (Maintenance) Act,
Constitution of Pakistan
|
| Sections |
7,
199
|