Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Civil Petition No. 403 of 1985, decided on 8th May, 1985.
(Against judgment and order of. Lahore High Court Bahawalpur Bench, Bahawalpur in I.‑C.A. No. 2 of 1985/BWP).
‑‑‑S. 24‑A‑‑Constitution of Pakistan (1973), Art. 199‑‑Order of termination of services of petitioner passed by General Manager of Mill alleged to have been passed in violation of S. 24‑A, Factories Act, 1934‑‑Penalties prescribed for violation of S. 24‑A, Factories Act, 1934‑ No question for granting declaratory relief in Constitutional jurisdiction, held, would arise in case of violation of S. 24‑A when there are penalties prescribed for such violation.
M. Dilawar Mahmood. Senior Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Petitioners.
Hamid Yousaf, Advocate Supreme Court and S. Wajid Hussain, Advocate‑on‑Record for Respondents.
Date of hearing: 8th May, 1985.
‑The petitioner, a former employee of Paras Textile Mills Ltd, Bahawalpur, seeks leave to appeal against the decision of the appeal Bench of the Lahore High Court dated 11‑3‑1985.
The petitioner held the post of Labour Welfare officer, which post wile abolished and his serviced terminated and ho wild paly for the period of notice. He challenged this order by a constitutional petition, which failed. His Intra‑Court Appeal was also dismissed.
The learned counsel contended that the petitioner was an employee of Punjab Industrial Beard and it alone was competent to abolish the post and terminate the services of the petitioner. The abolition of the post and the termination of service, in the case of the petitioner had been ordered by the General Manager Paras Textile Mills who was not competent to pass that order. Besides, the abolition of his post was in violation of statutory provision contained in section 24‑A of the Factories Act.
The petitioner addressed his application for appointment to General Manager, Paras Textile Mills Ltd., on 7‑5‑1983. The General manager issued him the appointment letter dated 23‑7‑1983. The appointment letter contained a condition that:‑
"After confirmation your service can be terminated without assigning any reason by one month's notice on either side or by paying one month's salary in lieu thereof".
The General Manager issued the termination order. It there is in fact a violation of section 24‑A, Factories Act, the penalties there for are prescribed. There is no question of declaratory relief being granted in constitutional jurisdiction.
The petition has no merit and leave‑ to appeal is refused.
M. Y. H. Leave to appeal refused.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer