| Case ID |
e227a5f3-da1f-4ac4-beeb-d9e1acc3e349 |
| Body |
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| Case Number |
Intra-Court Appeal No. 608 of 2009 |
| Decision Date |
Jan 24, 2017 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the constitutional petition filed by the employee, Noreen Naz Butt, and ordered her reinstatement. The Court found that the termination order issued on 31-12-2004 was not valid as it fell within the terms and conditions of service, which were non-statutory. The Court emphasized that the relationship between the employer, Pakistan International Airlines, and the employee was that of master and servant, thus the constitutional petition was maintainable. The Court also noted that the employee had alternate remedies, but the extraordinary jurisdiction under Article 199 was properly invoked in this case. The appeal from the employer was allowed, and the previous judgment was set aside. |
| Summary |
In the case of Intra-Court Appeal No. 608 of 2009, the Lahore High Court dealt with the constitutional petition of Noreen Naz Butt against Pakistan International Airlines regarding her termination. The decision dated 24-01-2017 highlighted essential aspects of employment law under the Constitution of Pakistan, particularly Articles 189 and 199. The Court ruled in favor of the petitioner, citing the lack of statutory rules governing the employer's actions, reinforcing the master-servant relationship. The judgment reiterated that without statutory backing, employees must seek remedies through appropriate forums. The case underscores the significance of clarity in employment contracts and the legal standing of employees in disputes against corporations. This ruling is pivotal for employment law, especially regarding the rights of employees in non-statutory environments. |
| Court |
Lahore High Court
|
| Entities Involved |
Pakistan International Airline Corporation
|
| Judges |
AYESHA A. MALIK,
JAWAD HASSAN
|
| Lawyers |
Umer Sharif,
Asmat Kamal Khan
|
| Petitioners |
NOREEN NAZ BUTT
|
| Respondents |
PAKISTAN INTERNATIONAL AIRLINE AND OTHERS
|
| Citations |
2017 SLD 757,
2017 PLC 923
|
| Other Citations |
George v. Pakistan International Airlines Corporation PLD 1971 Lah. 748,
Shahid Khalil v. Pakistan International Airlines Corporation, Karachi 1971 SCMR 568,
Raziuddin v. Chairman, Pakistan International Airlines Corporation and 2 others PLD 1992 SC 532,
Ms. Zeba Mumtaz v. First Women Bank Ltd. and others PLD 1999 SC 1106,
Pakistan International Airline Corporation and others v. Tanveer ur Rehman and others PLD 2010 SC 676,
Hassan Mehmood v. Habib Bank Limited through President and 4 others 2016 PLC (C.S.) 315
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
189,
199
|