| Case ID |
ecd2833e-970d-46cf-bc5c-957469a264d9 |
| Body |
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| Case Number |
213-K of 2010 |
| Decision Date |
Apr 01, 2015 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the constitutional petition filed by retired employees of the Pakistan International Airlines Corporation was not maintainable due to the nature of their employment relationship, which was governed by non-statutory rules. The court emphasized that the relationship between the corporation and its employees was that of 'master and servant', and thus, matters pertaining to the employment benefits of the employees could not be litigated under constitutional provisions. The appeal was allowed, and the previous judgment of the High Court was set aside, indicating that the petitioners could seek remedies through appropriate legal channels such as filing a suit. |
| Summary |
In the case of PIA Corporation vs. Syed Suleman Alam Rizvi and others, the Supreme Court of Pakistan addressed the maintainability of a constitutional petition filed by retired employees of Pakistan International Airlines (PIA). The court examined the nature of the employment relationship, determining that the terms and conditions of service were not governed by statutory rules but rather by a 'master and servant' relationship. This finding led to the conclusion that constitutional petitions in such employment matters are not maintainable. The court distinguished this case from previous rulings concerning civil servants, reinforcing the principle that non-statutory employment matters must be resolved through different legal avenues. The judgment highlights the legal complexities surrounding employment rights and the jurisdiction of constitutional courts in Pakistan, providing insight into the application of labor laws and the rights of employees in the context of non-statutory service rules. This ruling is significant for understanding the legal framework governing employment disputes in Pakistan, especially for employees of corporations. Overall, the decision emphasizes the importance of statutory regulations in employment matters and the limitations of constitutional petitions in such contexts. Keywords: employment law, constitutional petition, Pakistan International Airlines, statutory rules, labor rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan International Airlines Corporation
|
| Judges |
NASIR-UL-MULK, C.J.,
ANWAR ZAHEER,
JAMALI,
MAQBOOL BAQAR, JJ
|
| Lawyers |
Khalid Javed, Advocate Supreme Court,
Mrs. Shiraz Iqbal Choudhry, Advocate-on-Record,
A.S.K. Ghori, Advocate-on-Record/Advocate Supreme Court
|
| Petitioners |
Syed SULEMAN ALAM RIZVI and others
|
| Respondents |
PIA CORPORATION
|
| Citations |
2015 SLD 2127,
2015 SCMR 1545
|
| Other Citations |
Hameed Akhtar Niazi v. The Secretary, Establishment Division, Government of Pakistan and others 1996 SCMR 1185,
Pakistan International Airline Corporation and others v. Tanweer-ur-Rehman and others (PLD 2010 SC 676),
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),
Syed Nazir Gillani v. Pakistan Red Crescent Society and another (2014 SCMR 982)
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
199
|