GENERAL MANAGER, STRII SOUTH KARACHI and 3 others vs Syed MUHAMMAD
This petition for leave to appeal challenged a judgment of the Sindh High Court, Karachi, which had directed that the respondent be treated as duly employed by the Pakistan Telecommunication Company (Pvt.) Limited, with the caveat that no action to terminate his services should be taken except in accordance with the company's applicable rules and systems. The petitioner contended that these observations were uncalled for, as the respondent had not specifically prayed for such relief. The Supreme Court examined the impugned observations and determined that they were not prejudicial to the petitioner's interests. The Court held that the High Court's direction merely reinforced the legal requirement that no arbitrary or unlawful action could be taken against an employee, and it did not preclude the petitioner from initiating legitimate disciplinary or other actions based on law, fair play, and equity. Consequently, finding no merit in the petition, the Supreme Court dismissed the petition for leave to appeal, affirming that the observations imposed no improper bar on the employer's lawful authority.
- Whether a court observation directing an employer to follow applicable rules in termination proceedings is prejudicial to the employer?
- Does a court observation requiring adherence to law and fair play in employment matters impose an unlawful bar on an employer's authority?
- Can a petition for leave to appeal be maintained against a High Court order that merely mandates compliance with existing rules and systems?
ORDER
' JAVED IQBAL, J.---This petition for leave to appeal is directed against judgment dated 3-12-1999 passed by learned Division Bench of Sindh High Court, Karachi, whereby the respondent was directed to be treated as duly employed by Pakistan Telecommunication Company (Pvt.) Limited with the following observations:-- ' "No action intended to terminate his service will be taken except in accordance with the Rules and systems applicable in the Company. The petition stands disposed of in the above terms."
2. Mr. M. Umar Quraishi, Advocate Supreme Court, at the outset, has contended that the said observations are uncalled for as no prayer to that effect was made by the respondent.
3: We have carefully examined the said observation and we are of the considered opinion that it is neither prejudicial in any manner whatsoever nor adversely affects the interest of petitioner. The only implication of the said observation would be that no arbitrary or unlawful action could be taken which otherwise is not permissible. The said observation does not impose any bar on the initiation of action based on law, fairplay and equity.
4. In the light of what has been discussed herein above, no case for leave to appeal is made out and, accordingly, the petition is dismissed. 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.