Legal Case Summary

Case Details
Case ID 51481091-dc01-4a3d-8c89-072911474205
Body View case body.
Case Number D-400 of 1987
Decision Date Sep 21, 1987
Hearing Date
Decision The petitioner's grievance was that he had been retired from Karachi Port Trust (KPT) service in contravention of section 23(1) of the Karachi Port Trust Act, 1886. The petitioner argued that the retirement could only be ordered by the Board of Trustees and not by the Chairman since he was drawing a salary exceeding Rupees 500. However, the court found that the Board of Trustees had sanctioned the compulsory retirement of the petitioner. The decision stated that the retirement was executed in accordance with the law, and there was no illegality found in the process. Consequently, the petition was dismissed, reaffirming that the Board of Trustees had the authority to approve such decisions, and thus, the petitioner could not challenge the retirement order in constitutional jurisdiction.
Summary This case revolves around the legal interpretation of the Karachi Port Trust Act, 1886, specifically concerning the retirement of an employee. Muhammad Gulzar, the petitioner, contested his retirement, claiming it was invalid as it was ordered by the Chairman rather than the Board of Trustees, as mandated by section 23(1). The court examined the evidence provided, including the resolution and the approval process by the Board of Trustees. The ruling emphasized the legal framework governing such retirements, confirming that the Board acted within its rights. This case highlights the importance of adhering to procedural requirements in employment law and the authority of governing bodies in making employment-related decisions. It serves as a significant legal precedent in employment law, particularly in the context of public service retirements.
Court Sindh High Court
Entities Involved Karachi Port Trust
Judges NAIMUDDIN, C.J., MAMOON KAZI, J
Lawyers M. Akram Shahbaz, Zaheeruddin Khan
Petitioners MUHAMMAD GULZAR
Respondents others, CHAIRMAN, KARACHI PORT TRUST
Citations 1988 SLD 887, 1988 PLC 137
Other Citations Not available
Laws Involved Karachi Port Trust Act, 1886
Sections 23(1)