| Case ID |
f84573ba-0cb3-4fca-aa5e-4af9b1d46b69 |
| Body |
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| Case Number |
I.C.A. No.287 of 2008 |
| Decision Date |
May 25, 2021 |
| Hearing Date |
May 25, 2021 |
| Decision |
The Lahore High Court ruled in favor of the appellant, Habib Bank Limited, setting aside the order of the Single Judge that had reinstated the respondent, Saqib Mahmood. The court determined that the relationship between the bank and the respondent was governed by the principle of master and servant and that the respondent could not invoke constitutional jurisdiction under Article 199 of the Constitution, as he was not an employee under statutory rules. The court emphasized that the dismissal was valid under the non-statutory service rules applicable to the bank, and therefore, the Single Judge's ruling was erroneous in law and fact. The appeal was allowed, and the previous order was nullified. |
| Summary |
In the case of Habib Bank Limited vs. Saqib Mahmood, the Lahore High Court addressed the legal intricacies surrounding employment disputes under non-statutory service rules. The case revolved around the dismissal of an employee, Saqib Mahmood, who had been terminated from his position at Habib Bank Limited. The court found that the relationship between the bank and its employees was governed by the principles of master and servant, which limited the scope for constitutional remedies. The ruling underscored the importance of statutory frameworks in employment relations and the limitations of non-statutory rules in providing legal recourse to employees. The decision highlighted the necessity for clarity in employment contracts and the implications of privatization on employee rights and remedies. This case is significant in understanding the boundaries of judicial review in employment matters, especially in contexts where statutory protections are absent. The court's decision serves as a precedent for future cases involving similar legal questions, emphasizing the critical nature of statutory oversight in employment law. |
| Court |
Lahore High Court
|
| Entities Involved |
HABIB BANK LIMITED,
SAQIB MAHMOOD
|
| Judges |
Shahid Karim,
Muhammad Shan Gul
|
| Lawyers |
Shahid Anwar Bajwa,
Khadim Hussain Tahir,
Khalid Pervaiz Warraich,
Barrister Syed Ali Nouman Shah
|
| Petitioners |
SAQIB MAHMOOD
|
| Respondents |
HABIB BANK LIMITED
|
| Citations |
2021 SLD 2879,
2021 PLC 1495
|
| Other Citations |
Zahooruddin Sheikh v. Pakistan Atomic Energy Commission, through Chairman, Islamabad 2007 PLC (C.S.) 959,
Tariq Akhtar v. Plant Protection Advisor and Director, Department of Plant Protection, Karachi 1997 PLC (C.S.) 182,
National Bank of Pakistan and others v. Shamoon Khan and others 2010 PLC (C.S.) 608,
Zarai Taraqiati Bank Ltd., Islamabad and another v. Aftab Ahmad Kolachi and another 2009 SCMR 129,
Muhammad Mobeen-us-Salam and others v. Federation of Pakistan through Secretary, Ministry of Defence and others PLD 2006 SC 602,
Abdul Wahab v. HBL 2013 SCMR 1383
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|