IMTIAZ AHMED MEMON vs FEDERATION OF PAKISTAN and others
The petitioner filed a leave to appeal petition against the order of the High Court, contending that in a similar matter the High Court of Sindh had granted interim relief restraining adverse action, and that his case ought to have been heard along with it instead of being disposed of with a direction to approach the Service Tribunal upon the passing of a final order. The core legal question was whether the High Court had jurisdiction to entertain a service matter where the terms and conditions of service are involved. The Supreme Court held that the dispute admittedly relates to the enforcement of the terms and conditions of service of the petitioner, and under Article 212 of the Constitution, the jurisdiction of the High Court is barred. Consequently, the petition was dismissed and leave to appeal was refused, affirming the principle that service matters falling within the ambit of the Service Tribunal are ousted from the jurisdiction of the High Court.
- Does the High Court have jurisdiction in matters relating to the enforcement of terms and conditions of service?
- Is the jurisdiction of the High Court barred under Article 212 of the Constitution in service disputes?
- Article 212, Constitution of Islamic Republic of Pakistan
ORDER
1. ' The only contention raised by the learned counsel for the petitioner in support of the leave petition is that in similar matter the High Court of Sindh has granted the relief restraining the respondents from taking any adverse action. Learned counsel contends that this case was also directed to be heard along with the same but subsequently it was separately taken up and disposed of on 24-9- 1997 with direction to the petitioner to approach the Hon'ble Service Tribunal as and when there is a final order against him.
2. Admittedly the dispute relates to the enforcement of terms and conditions of service of the petitioner. Under Article 212 of the Constitution of Islamic Republic of Pakistan the jurisdiction of the High Court is barred. The view taken by the High Court is unexceptionable. The petition is accordingly dismissed and leave is refused.