UNITED BANK LIMITED PENSIONERS WELFARE ASSOCIATION OF PAKISTAN
This writ petition was filed by the President of the United Bank Limited Pensioners Welfare Association of Pakistan, seeking an order directing the respondent United Bank Limited to increase the pension and medical facilities of retired pensioners to bring them at par with employees of the National Bank, State Bank, and other government employees. The core legal question was whether a writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is maintainable against a privatized commercial bank performing no functions in connection with the affairs of the Federation, Province, or a statutory body, and whose employees are not governed by statutory rules. The Islamabad High Court held that the writ petition is not maintainable as the respondent bank is not a 'person' within the meaning of Article 199 and the petitioner association lacked registration and standing. The key principle laid down is that no writ can be issued under Article 199 of the Constitution against a privatized commercial company that is not performing public functions and whose employment terms are not regulated by statutory rules.
- Is a writ petition under Article 199 maintainable against a privatized commercial bank?
- Does a privatized bank perform functions in connection with the affairs of the Federation or a Province under Article 199?
- Can an unregistered association maintain a writ petition in a representative capacity?
- Article 199, Constitution of Islamic Republic of Pakistan, 1973
' RIAZ AHMED KHAN, J.--- This judgment is directed to dispose of Writ Petition No,14 of 2010.
2. Facts constituting the background of the present petition are that Raja Muhammad Sarfraz Khan, petitioner claims himself to be the President of United Bank Limited Pensioners Welfare Association of Pakistan. He has filed the present writ petition stating therein that he was an employee of United Bank Limited and got retired on 28-11-1998. At the time of his retirement, United Bank Limited was a Government Bank, however, in the year 2002, the Bank was privatized and since then is a Limited Company. The grievance of the petitioner is that he has been receiving pension at the rate of Rs,1321 per month and similarly there are other bank employees who after retirement are getting extremely meagre amount as pension, which in some cases is Rs,100 to Rs,500 per month. The prayer of the petitioner is that the respondent United Bank Limited be ordered to increase the pension and medical facility of the retired pensioners of United Bank Limited and the same be brought at par with employees of National Bank, State Bank and other employees of Government.
3. I have heard the petitioner in person as well as learned counsel for the respondent and have perused the record.
4. The instant writ .Petition has been filed against United Bank Limited, which is not a person within the meaning of Article 199 of Constitution of Islamic Republic of Pakistan, 1973. The Bank is not performing functions with respect to the affairs of Federation, Province or any statutory body. The employees of the Bank are not governed by the statutory rules and therefore, no writ can be issued against the respondent-Bank.
5. In addition to the above, the instant petition apparently, has been filed in representative capacity by one person. It is also not known as to whether petitioner association actually exists or not, as the same has not been registered anywhere. The writ petition as such is incompetent and not maintainable, the same is therefore, dismissed. However, the respondent Bank on compassionate grounds may look into the grievance of the petitioner.
Cited by 6 cases
- United Bank Limited vs Muhammad Usman Arshad and another 2023 PLC (C.S.) 1111
- Noor Badshah through L.Rs vs United Bank Limited through its President & 2019 PLC (C.S) 1433, 2019 LHC 587
- NOOR BADSHAH Versus UNITED BANK LIMITED 2019 PLC(CS) 1433
- NOOR BADSHAH vs UNITED BANK LIMITED through President and 3 others 2015 PLC (C.S.) 468
- Dr. Malik HAFEEZ UR REHMAN and 18 otherss vs PAKISTAN ASSOCIATION, JHELUM through PresidenMEDICALt and 5 others 2013 PLJ Lahore 100, 2013 MLD 651
- DR. MALIK HAFEEZ-UR-REHMAN etc. vs PAKISTAN MEDICAL ASSOCIATION 2013 PLJ Lahore 100