| Case ID |
d668a099-4de5-4493-a7a2-a16cece9877b |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.5801 of 2022 |
| Decision Date |
May 12, 2022 |
| Hearing Date |
May 12, 2022 |
| Decision |
The Lahore High Court accepted the Writ Petition No.5801 of 2022 filed by the Petitioners against their termination from NESPAK, a public sector company. The Court found that the termination letters issued were in violation of the Corporate Governance Rules, 2013, which mandate transparency and procedural due process in employment matters. The Court emphasized that the rights of employees in public institutions must be balanced with the interests of the State, and any action taken by such institutions must adhere to established governance standards. As such, the Court set aside the impugned termination letters and directed that the Petitioners' employment be reinstated, reinforcing the need for adherence to fair procedures in public employment contexts. |
| Summary |
This case revolves around the termination of employees from NESPAK, a public sector company, which was challenged under Article 199 of the Constitution of Pakistan. The Lahore High Court found that the terminations were conducted without due process and in violation of the Corporate Governance Rules, 2013. The ruling underscored the importance of transparency and fairness in employment practices within public sector entities, establishing that procedural due process is critical to uphold the rights of employees. The judgment serves as a significant precedent for ensuring that public sector organizations operate within the legal frameworks designed to protect employee rights. Keywords such as 'Corporate Governance', 'Public Sector Employment', and 'Legal Precedent' are essential for understanding the implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Securities and Exchange Commission of Pakistan (SECP),
National Engineering Services Pakistan (NESPAK)
|
| Judges |
Tariq Saleem Sheikh, J
|
| Lawyers |
Shahid Anwar Bajwa,
Ijaz Ahmad Awan,
Kh. Mohsin Abbas,
Adnan Qamar Malik,
Sultan Ali Awan,
Rana Muhammad Nafees,
Abdul Rehman Bajwa,
Syed Muhammad Haider Kazmi,
Hafiz Tariq Nasim
|
| Petitioners |
,
MUHAMMAD TAHIR NAWAZ CHEEMA
|
| Respondents |
FEDERATION OF PAKISTAN,
|
| Citations |
2023 SLD 1977,
2023 662
|
| Other Citations |
Pakistan Defence Officers Housing Authority v. Mrs. Itrat Sajjad Khan and others 2017 SCMR 2010,
M.H. Mirza v. Federation of Pakistan and 2 others 1994 SCMR 1024,
The Principal, Cadet College, Kohat, and another v. Muhammad Shoab Qureshi PLD 1984 SC 170,
Mrs. Anisa Rehman v. P.I.A.C. and another 1994 SCMR 2232,
Muhammad Mubeen-us-Salam and others v. Federation of Pakistan and others PLD 2006 SC 602,
Azizullah Memon v. Province of Sindh and another 2007 SCMR 229,
Executive Council, Allama Iqbal Open University, Islamabad through Chairman and another v. M. Tufail Hashmi 2010 SCMR 1484,
Pakistan International Airline Corporation and others v. Tanweer-ur-Rehman and others PLD 2010 SC 676,
Pakistan Telecommunication Co. Ltd. through Chairman v. Iqbal Nasir and others PLD 2011 SC 132,
Zarai Taraqiati Bank Limited and others v. Said Rehman and others 2013 SCMR 642,
Abdul Wahab and others v. HBL and others 2013 SCMR 1383,
Pakistan Defence Officers Housing Authority and others v. Lt.-Col. Syed Jawaid Ahmed 2013 SCMR 1707,
Muhammad Zaman and others v. Government of Pakistan and others 2017 SCMR 571,
Muhammad Rafi and another v. Federation of Pakistan and others 2016 SCMR 2146,
Muhammad Dawood and others v. Federation of Pakistan and others 2007 PLC (C.S.) 1046,
Civil Aviation Authority v. Javed Ahmad and another 2009 SCMR 956,
Government of Pakistan through Director General, Ministry of Interior, Islamabad and others v. Farheen Rashid 2011 SCMR 1,
Government of West Pakistan and another v. Begum Agha Abdul Karim Shorish Kashmiri PLD 1969 SC 14,
Faisal Sultan v. E.D.O. (Education) and others 2011 PLC (C.S.) 419,
Dr. Tahir Masud v. Amjad Ali Khan and 4 others 2019 PLC (C.S.) 1167
|
| Laws Involved |
Constitution of Pakistan, 1973,
Corporate Governance Rules, 2013
|
| Sections |
199,
2(1)(g),
5,
12,
25
|