| Case ID |
51481091-dc01-4a3d-8c89-072911474205 |
| Body |
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| 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)
|