NADEEM AHMED vs PAKISTAN STATE OIL COMPANY LTD. and another
This petition for leave to appeal before the Supreme Court of Pakistan arose from an order of the Federal Service Tribunal regarding the termination of the petitioner's contractual employment. The core legal question was whether the petitioner's services could be validly terminated without assigning any reason pursuant to the terms of his contract of employment. The Supreme Court observed that the petitioner was appointed on a contract basis and that no statutory rules or regulations existed to govern the terms and conditions of such contract service. Furthermore, the appointment letter explicitly stipulated that the service could be terminated without assigning any reason upon giving one month's written notice. Holding that the matter was purely of an individual nature and did not involve any substantial question of law of public importance, the Supreme Court declined leave to appeal under Article 212(3) of the Constitution and dismissed the petition.
- Can a contractual employee's service be terminated without assigning any reason if the appointment letter expressly contains such a condition?
- Does a individual service dispute regarding contractual termination involve a substantial question of law of public importance under Article 212(3) of the Constitution?
- Whether leave to appeal under Article 212(3) of the Constitution of Pakistan 1973 can be granted in the absence of statutory rules regulating contract service terms?
- Article 212(3), Constitution of Pakistan 1973
ORDER
' The sole grievance of the petitioner is whether his service could be terminated without assigning any reason.
2. We have heard Khawaja Naveed Ahmed, learned counsel for the petitioner and Raja Haq Nawaz, learned counsel for the respondents/ caveators.
3. The Federal Service Tribunal has recorded a finding of fact that the appointment of the petitioner was on contract basis. It is also conceded by the learned counsel for the petitioner that no statutory rules/regulations exist to regulate the terms and conditions of contract service.. In the appointment letter of the petitioner it is expressly provided that his service can be terminated without assigning any reason whatsoever with one month's written notice and the petitioner was also given the option to resign from service by giving the company one month's written notice.
4. Beflt . As it may, the question raised herein is of individual th% nature. We are not satisfied that a substantial question of law of public importance within the contemplation of Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, is involved warranting interference.
' Resultantly, the petition is dismissed and leave declined.
Cited by 12 cases
- Fida Ullah Khan vs President Habib Bank Limited, Head Office, Habib Bank 2023 PLC 34
- Syed Ali Hamza and others vs Province Of The Punjab and others 2022 PLC (C.S.) 525
- Shafiq-ul-Hassan vs Federation of Pakistan etc 2020 PLC (C.S) 1593, 2020 LHC 2095
- SHAFIQ-UL-HASSAN Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Energy (Power Division), Islamabad 2020 PLC(CS) 1593
- Syed Muntazir Mehdi Bukhari vs Government Of The Punjab and others 2020 PLC (C.S.) 697
- Tahir Pervaiz Director General Legal Affairs Pakistan Railways vs Federation 2019 PLC (C.S.) 339, 2019 LHC 27, 2019 PLD Lahore 178, 2019 PLJ Lahore 149
- IFRA ASJAD vs GOVERNMENT OF PUNJAB and others 2019 PLC (C.S.) 191
- ZULFIQAR ALI vs PROVINCE OF THE PUNJAB and 3 others 2018 PLC (C.S.) 842
- MUHAMMAD MOHSIN ISMAIL vs MANAGING DIRECTOR PUNJAB DAANISH 2018 PLC (C.S.) 722
- Malik ABDUL REHMAN AWAN Versus BOARD OF DIRECTORS Malik Muhammad Awais Khalid 2018 PLCN 4
- MUHAMMAD YOUNIS vs The SUPERINTENDING ENGINEER and others 2017 PLC (C.S.) 630
- ABDUL RAHEEM Versus GOVERNMENT OF PAKISTAN 2018 PLC(CS)N 203