SAJJAD HUSSAIN and 48 others vs ARIF IBRAHIM
This contempt petition challenged the issuance of explanations and a departmental order by the respondent company, which sought to penalize employees for filing writ petitions and prohibited them from submitting further representations regarding seniority claims. The core legal question was whether an employer can legally restrain employees from seeking judicial redress for grievances or from submitting administrative claims, and whether such actions constitute misconduct. The Court held that the impugned explanations and the order were illegal and violated constitutional guarantees. It ruled that every citizen possesses an inherent and fundamental right to approach a court of law for the redressal of grievances, and that an employer cannot characterize the exercise of this right as misconduct. Furthermore, the Court held that administrative authorities cannot prohibit employees from submitting claims, as the authority's proper role is to examine and decide upon such claims rather than suppress them. The judgment establishes the principle that constitutional rights to seek justice and raise grievances cannot be curtailed by an employer's internal directives, as such actions infringe upon fundamental rights guaranteed under the Constitution of Pakistan.
- Can an employer classify the act of filing a writ petition in court as misconduct?
- Does an employer have the legal authority to prohibit employees from submitting administrative claims regarding seniority?
- Is an order restraining employees from approaching a court of law legally sustainable under the Constitution?
- Article 4, Constitution of Islamic Republic of Pakistan 1973
- Article 14, Constitution of Islamic Republic of Pakistan 1973
- Article 25, Constitution of Islamic Republic of Pakistan 1973
ORDER
' MUHAMMAD ANWAR KHAN KASI, J.--- This contempt petition has been filed against issuance of explanations dated 14-2-2011 and order dated 21-1-2011 whereby it was notified that no further representation regarding claim of adjustment of seniority will be entertained.
2. Bare perusal of explanations shows that only allegation against the petitioners is that they filed writ petition in the court of law for settlement of grievance without exhausting available, options within the Company.
3. The learned counsel submitted that every citizen has got inherent right of approaching the Court of law for redressal of his grievances and such act is not covered by the definition of misconduct.
He also attacked order dated 21-1-2011 whereby it is notified that no representation regarding claim of determination of seniority will be entertained and all Heads of Departments (HODs) were advised not to forward such claims. According to learned counsel, none can be deprived of his right to make any claim.
4. Conversely, learned Standing Counsel remained unable to controvert the factual position and was unable to answer as to why and how the citizens/employees can be restrained from forwarding their claim to the competent authority in the Company or to approach the Court for redressal of grievances.
5. Heard and record perused.
6. Admittedly, the Constitution of Islamic Republic of Pakistan provides fundamental rights to the citizens and courts are under obligation to guarantee such rights.
7. None can be stopped from filing a claim for redressal of the grievances to the authority in the Company and the authority has got all the powers to reject or accept the claim but restraining of employees to file claims would be an attempt to deprive the citizens of their fundamental rights.
8. It is a strange case of explanations where the employees have been charged for misconduct for filing constitutional petitions before this Court. According to order dated 21-1-2011, they were restrained to file claim in the Company and according to explanations they are charged for approaching the Court. Knocking at the doors of the courts for justice is the inherent and fundamental right of every citizen/employee and it is up to the court to decide whether he/she is entitled for the relief claimed.
9. Authorities of the Company cannot stop the employees to approach the Court as it would be an attempt to deprive them of their legal and lawful rights. Employees cannot be left at the mercy of employer's whims and egos. The explanations dated 14-2-2011 have been issued without any lawful justification and if such type of letters remained in the field, then no employee anywhere in the Country would be able to approach the Court.
10. In the same way, letter dated 21-1-2011 is against the spirit of law because none can be restrained from raising voice against any unjustified decision or observation. None in the company can be stopped from filing of claims as it would debar them from asking for any relief. At the most, the company can reject the claims after examining and hearing the patties.
11. Whimsical orders for the satisfaction of egos of the high-ups cannot be allowed to remain in field, because every citizen is equal in the eye of law under Article 25 of the Constitution and everybody is to be dealt with in accordance with law under Article 4 of the Constitution. At the same time dignity of man is inviolable under Article 14 of the Constitution.
12. In view of the above discussion and on the basis of material available on record, no contempt of the court's order is made. However, explanations dated 14-2-2011 and order dated 21-1-2011 are set aside as being illegal and in violation of constitutional guarantees.
13. With above observations, petition stands disposed of accordingly.