TARIQ MAHMOOD vs PAKISTAN TELEVISION CORPORATION And Other
This matter concerns a petition for leave to appeal against a judgment of the Lahore High Court regarding the termination or adverse action taken against an employee of the Pakistan Television Corporation. The petitioner challenges the application of the Corporation Employees (Special Powers) Ordinance, 1978, specifically questioning whether an appointment order given retrospective effect can trigger the provisions of said Ordinance. Furthermore, the petition raises the issue of whether the Ordinance was lawfully applied to the petitioner's specific circumstances and whether evidence pertaining to the petitioner's initial apprenticeship could legitimately be used to justify an order affecting a subsequent permanent appointment made two years later. The Supreme Court, noting that similar legal points were already under consideration in another pending Civil Petition for Leave to Appeal (C.P.L.A. No. 1036 of 1986), granted leave to appeal in the instant case. The Court directed that this petition be heard alongside the aforementioned C.P.L.A., allowing the parties to rely on the existing record while granting liberty to file additional documents as necessary.
- Can an order of appointment made to operate retrospectively be deemed to have been made from a previous date for the purposes of the Corporation Employees (Special Powers) Ordinance 1978?
- Is the application of the Corporation Employees (Special Powers) Ordinance 1978 lawful in cases involving the transition from apprenticeship to permanent employment?
- Can evidence regarding an apprenticeship be used to sustain an order affecting a permanent appointment made years later?
- Section 3, Corporation Employees (Special Powers) Ordinance 1978
ORDER
MIAN BURHANUDDIN KHAN, J.-- By this petition leave is sought to appeal against the judgment and order dated 24-11-1986 passed by a learned Single Judge of the Lahore High Court, Lahore in Writ Petition No. 3109 of 1979 on the following grounds:- (i)Whether the order of appointment, made to operate retrospectively, shall be deemed to have been made from the previous date so as to attract the provisions of section 3 of the Corporation Employees (Special Powers) Ordinance, 1978;
(ii) Whether application of the aforesaid Ordinance is. At all, lawful in the facts of the instant case; and
(iii) Whether the evidence relied upon by the learned High Court Judge concerning petitioner's appointment as an apprentice, couldbe used to sustain an order under sectionwhich affected the permanent appointment of the petitioner, ordered after about two years of apprenticeship.
2. We have already granted leave in Civil Petition for Leave to Appeal No.1036 of 1986. As similar points are involved in this petition, we, therefore, grant leave in his petition, which shall be heard alongwith the abovesaid C.P.L.A. No.1036. Appeal to be heard on the present record with liberty to the parties to file additional documents, if desired. 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.