| Case ID |
e9f0c736-9d7f-47c5-bae7-cf78312e2041 |
| Body |
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| Case Number |
K/110 of 1981 |
| Decision Date |
Dec 14, 1981 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan held that the principle of master and servant applies to employees of statutory corporations when no statutory protections are in place. In this case, Anwar Hussain, an employee of the Agricultural Development Bank, was dismissed under conditions governed solely by the Bank's rules. The Court ruled that since the Bank had complete discretion over employment terms and conditions, Anwar could not claim legal character protections under Section 42 of the Specific Relief Act. Thus, his remedy was limited to seeking damages rather than reinstatement. The Court emphasized that without statutory safeguards, employees are subject to the terms of their contractual agreements with their employer. |
| Summary |
The case of Anwar Hussain vs. Agricultural Development Bank of Pakistan revolves around employment law, specifically examining the application of the principle of master and servant within statutory corporations. The Supreme Court of Pakistan addressed whether Anwar Hussain, who was dismissed from his position, was entitled to reinstatement or damages. The Court concluded that since the Bank operated without statutory constraints on employment conditions, the relationship was purely contractual. This landmark decision clarifies the legal standing of employees within statutory corporations and highlights the limitations of their claims under the Specific Relief Act. The ruling emphasizes the need for statutory protections to enable employees to seek reinstatement following wrongful dismissal, thereby reinforcing the importance of contractual agreements in employment relations. Keywords: employment law, statutory corporations, master and servant, wrongful dismissal, Specific Relief Act. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Agricultural Development Bank of Pakistan
|
| Judges |
ZAFFAR HUSSAIN MIRZA,
M. S. H. QURAISHI
|
| Lawyers |
S. M. Abbas, Advocate-on-Record,
Nasir-ud-Din, Senior Advocate Supreme Court
|
| Petitioners |
ANWAR HUSSAIN
|
| Respondents |
others,
AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN
|
| Citations |
1984 SLD 242,
1984 PLD 194
|
| Other Citations |
P L D 1976 Kar. 1121,
P L D 1973 Lab. 188,
P L D 1973 Lab. 425,
P L D 1974 S C 146,
P L D 1979 Lah 803
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
42
|