| Case ID |
3b43dab9-5f74-4438-b573-3b3853d5083f |
| Body |
View case body. Login to View |
| Case Number |
C.P. No.D-2086 of 2006 |
| Decision Date |
Nov 30, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the High Court's decision. The petitioners, who were employees of Pakistan Telecommunication Company Ltd. on a daily wage basis, claimed that their services were unjustly terminated by an incompetent authority. However, the Court held that since the petitioners had an alternative remedy available before the Labour Court under the Industrial Relations Ordinance, the High Court's jurisdiction was barred under Article 212 of the Constitution. The petitioners were advised to seek redressal from the proper forum, and the leave to appeal was refused. |
| Summary |
This case revolves around the dismissal of daily wage employees of Pakistan Telecommunication Company Ltd., who sought protection under the law regarding their employment termination. The Supreme Court of Pakistan emphasized the importance of utilizing the specific remedies provided by the Industrial Relations Ordinance, 2002, instead of invoking constitutional jurisdiction when an adequate legal mechanism is available. The Court's decision underscores the principle that if a statutory right exists, the appropriate forum must be approached for redressal. This ruling serves as a significant reference for employment law and the jurisdictional boundaries of constitutional courts in Pakistan. Keywords include 'employment law', 'constitutional jurisdiction', 'Industrial Relations Ordinance', and 'Labour Court remedies'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Telecommunication Company Ltd.
|
| Judges |
ABDUL HAMEED DOGAR, C.J.,
IJAZ-UL-HASSAN KHAN,
MUHAMMAD MOOSA K. LEGHARI, JJ
|
| Lawyers |
M.A. Ghani Chaudhry, Advocate Supreme Court
|
| Petitioners |
others,
Syed ARSHAD ALI
|
| Respondents |
others,
PAKISTAN TELECOMMUNICATION COMPANY LTD.
|
| Citations |
2008 SLD 1572,
2008 SCMR 314
|
| Other Citations |
I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041
|
| Laws Involved |
Industrial Relations Ordinance (XCI of 2002),
Constitution of Pakistan (1973)
|
| Sections |
46(5),
199,
212,
185(3)
|