| Case ID |
d67da0e0-36c9-4995-af4b-057c3817db3f |
| Body |
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| Case Number |
Writ Petition No. 136 of 1998/BWP |
| Decision Date |
Feb 09, 2000 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petition filed by RIAZ AHMAD MALIK, who was previously employed as a Sanitary Supervisor. The court found that the petitioner had not availed alternate legal remedies available under the Industrial Relations Ordinance, which barred the High Court's constitutional jurisdiction. The court emphasized that the factual controversy regarding the petitioner's employment status during the period of termination required deeper investigation, which could not be conducted in the constitutional petition. Therefore, the petition was deemed incompetent and was dismissed. |
| Summary |
In the case of RIAZ AHMAD MALIK vs ADMINISTRATOR, MUNICIPAL CORPORATION, the Lahore High Court addressed the constitutional petition regarding the termination of employment of the petitioner. The case revolved around the applicability of the Industrial Relations Ordinance and the Constitution of Pakistan, particularly Article 199. The petitioner claimed reinstatement and back benefits after his services were terminated on the grounds of improper appointment. The court ruled that since alternate remedies under the law were available, the constitutional jurisdiction could not be invoked in this instance. This case highlights the importance of exhausting available legal remedies before approaching the High Court, which is a crucial aspect of administrative law. The decision reiterates the principle that without substantial evidence to establish claims of unemployment during the termination period, the petition cannot be sustained. Key legal concepts discussed include the maintainability of constitutional petitions and the necessity for detailed factual inquiries in employment disputes. This case serves as a precedent for similar disputes involving employment termination and the procedural requirements for seeking judicial relief. |
| Court |
Lahore High Court
|
| Entities Involved |
Municipal Corporation, Bahawalpur
|
| Judges |
IFTIKHAR AHMAD CHEEMA, J
|
| Lawyers |
Muhammad Ozair Chughtai
|
| Petitioners |
RIAZ AHMAD MALIK
|
| Respondents |
ADMINISTRATOR, MUNICIPAL CORPORATION, BAHAWALPUR
|
| Citations |
2001 SLD 2088,
2001 PLC 176
|
| Other Citations |
1990 SC4R 999,
1995 PLC 706,
1994 MLD 1241,
PLD 1994 Kar. 89,
1994 CLC 183
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Constitution of Pakistan (1973)
|
| Sections |
22 A(8)(g),
22 D,
Article 199
|