| Case ID |
ed9d0546-a19f-4080-8a8f-82df62deebb6 |
| Body |
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| Case Number |
Civil Appeal No.307 of 1994 |
| Decision Date |
Nov 20, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal, stating that the High Court was justified in allowing the writ petition against the termination of the respondent's services. The court noted that the termination was conducted under Regulation 11 without a proper inquiry as required under Regulation 26, thus violating the principles of natural justice. The court further emphasized that the authority to terminate should have been exercised by the Managing Director rather than the General Manager, rendering the termination order ultra vires. |
| Summary |
The case revolves around the termination of Inayatullah Shaikh from the House Building Finance Corporation under Regulation 11 of the Service Regulations. The Supreme Court of Pakistan examined the legality of the termination and the applicability of Regulation 26 which mandates an inquiry for terminations deemed as punishment. The court held that the High Court's decision to grant a writ was appropriate given the circumstances, emphasizing the importance of adhering to procedural justice in employment matters. The ruling reinforces the legal standards for termination procedures within statutory corporations, ensuring that employees' rights are protected. This case is significant in understanding the balance between corporate governance and employee rights, especially in public sector entities. Key terms include termination of service, principles of natural justice, and procedural compliance in employment law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
House Building Finance Corporation
|
| Judges |
AJMAL MIAN, C.J.,
SH. IJAZ NISAR,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
Mahmood Iqbal, Advocate Supreme Court,
Ahmadullah Faruqi, Advocate-on-Record for Appellants,
M.M. Akil, Advocate Supreme Court,
Faizanul Haq, Advocate-on-Record for Respondent
|
| Petitioners |
HOUSE BUILDING FINANCE CORPORATION through Managing Director, Karachi
|
| Respondents |
INAYATULLAH SHAIKH
|
| Citations |
1999 SLD 289 = 1999 SCMR 311
|
| Other Citations |
Agricultural Development Bank of Pakistan and 2 others v. Muhammad Sharif 1988 SCMR 597,
Mrs. Anisa Rehman v. PIAC and another 1994 SCMR 2232,
Aleem Jaffar, Ex-Line Superintendent, WAPDA, Lahore v. WAPDA through its Chairman, Lahore and 2 others 1998 SCMR 1445,
WAPDA and others v. Sikandar Ali Abro and others 1998 SCMR 137,
United Bank Limited and others v. Ahsan Akhtar and others 1998 SCMR 68,
Lt.-Col. Shujauddin Ahmad v. Oil and Gas Development Corporation 1971 SCMR 566,
Chairman of East Pakistan Development Corporation v. Rustam Ali PLD 1966 SC 848,
Lahore Central Cooperative Bank Limited v. Pir Saifullah Shah PLD 1959 SC (Pak) 210,
Zainul Abedin v. Multan Central Cooperative Bank Limited PLD 1966 SC 445,
Shahid Khalil v. P.I.A.C., Karachi 1971 SCMR 568,
A George v. Pakistan International Airlines Corporation PLD 1971 Lah. 748,
R.T.H. Janjua v. National Shipping Corporation PLD 1974 SC 146,
Muhammad Yousaf Shah v. Pakistan International Airlines Corporation PLD 1981 SC 224,
Anwar Hussain v. Agricultural Development Bank of Pakistan and others PLD 1984 SC 194,
Anwar Hussain v. The Agricultural Development Bank of Pakistan and others 1992 SCMR 1112,
Raziuddin v. Chairman, Pakistan International Airlines Corporation and 2 others PLD 1992 SC 531,
Chairman, WAPDA and 2 others v. Syed Jamil Ahmad 1993 SCMR 346,
Muhammad Umar Malik v. Muslim Commercial Bank Ltd. through its President, Karachi and 2 others 1995 SCMR 453,
Pakistan and others v. Public-at-Large and others PLD 1987 SC 304,
Khawaja Ghulam Sarwar v. Pakistan through the General Manager, P.W.R., Lahore PLD 1962 SC 142
|
| Laws Involved |
House Building Finance Corporation Service Regulations, 1957,
Constitution of Pakistan (1973)
|
| Sections |
11,
26,
199,
185(3)
|