PUNJAB SMALL INDUSTRIES CORPORATION, LAHORE vs SHAMIM AHMAD AND Another
This matter concerns a petition for special leave to appeal against a judgment of the Lahore High Court, which had upheld a decree in favor of the respondent, Shamim Ahmad. The respondent, formerly employed by the West Pakistan Small Industries Corporation, challenged his reversion from the position of Officiating Deputy Manager to Assistant Manager. Following the dissolution of the Corporation and the devolution of its rights and liabilities to the Province of Punjab, the respondent filed a civil suit contesting the reversion. While the trial court dismissed the suit, the Additional District Judge, Lahore, accepted the respondent's appeal and decreed the suit in his favor. The High Court subsequently dismissed the Corporation's Regular Second Appeal. The Supreme Court granted leave to appeal to address critical legal questions regarding the respondent's employment status, specifically whether he was serving during an extended period of probation at the time of the impugned action, the applicability of government rules at the relevant time, and whether the respondent was entitled to statutory protection regarding his reversion.
- Whether the respondent was serving during an extended period of probation at the time the action of reversion was taken against him?
- Whether the rules made by the Government were operative at the relevant time of the respondent's reversion?
- Was the petitioner entitled to statutory protection regarding his reversion from the post of Officiating Deputy Manager?
ORDER
MUSHTAQ HUSSAIN, J.-The West Pakistan Small Industries Coporation in which the respondents were employed was dissolved. Its rights and liabili--ties devolved on the Province of Punjab.
Shamim Ahmad, respondent, was promoted as Officiating Deputy Manager on 22-9-1967 but was reverted to his original post as Assistant Manager on 27-5-1969. He was serving as a Welfare Officer in the Education Department. He filed a suit challenging his reversion which was dismissed on 21-2-1976. His appeal was, however, accepted by As the Additional District Judge, Lahore on 20- 7-1976 and the suit was decreed. The matter was taken by the Punjab Small industries ,Corporation to the Lahore High Court in R. S. A. No. 632/76 which means dismissed on 30-2-1969. Hence this petition for special leave to appeal.
2. The questions that arise in this case are -
(a) Whether Shamim was serving during the extended period of probation when the action was taken against him ?
(b) Whether the Rules made by the Government were operative at the relevant tisme ? And
(c) Was the petitioner entitled to statutor;, protection on that account Leave to appeal is granted against the order of the High Court to consider these questions. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.