Principle of Master and Servant

Principle of Master and Servant Case Laws Constitutional Law Employment & Incentives Knowledge - Constitutional Law Litigation & Arbitration Solutions - Constitutional Law Supreme Court Telecom TMT Mr. Justice Ejaz Afzal Khan in his judgment has decided the issue regarding principle of master and servant in Criminal Review Petition Nos. 247 to 249 of 2011.

1. These civil review petitions have arisen out of the judgment dated 11.8.2011 of this Court whereby Civil Appeals Nos.239, 240 and 241 of 2011 were allowed while Civil Petition No.423 of 2011 has arisen out of the judgment dated 15.3.2011 of the Islamabad High Court, whereby the learned single Judge dismissed Writ Petition No.4853 of 2010 filed by the petitioners.

2. Mr. Khalid Anwar, learned Sr. ASC appearing on behalf of the petitioners contended that where a three-Member Bench of this Court in the case of Pakistan Telecommunication Company Ltd. through Chairman Vs. Iqbal Nasir and others (PLD 2011 SC 132) held that the employees of PTCL being governed by the principle of master and servant, cannot invoke the jurisdiction of the High Court under Article 199 of the Constitution of Islamic Republic of Pakistan, another Bench with an equal number of Judges could not deviate therefrom without referring the matter to a larger Bench. The impugned judgment, the learned ASC maintained, is liable to be reviewed on this score alone. The learned ASC next contended that where Pakistan Telecommunication Company Ltd. (PTCL) is not under the control of Federal Government, it cannot be construed as a person in terms of Article 199(5) of the Constitution, even if it is assumed for a while that terms and conditions of the employees on their transfer to the Corporation in the first instance under Sub Section 2 of Section 9 of the Pakistan Telecommunication Corporation Act, 1991 (hereinafter referred to as ‘the Act of 1991’) and then to the Company under Sections 35(2) and 36(2) of the Pakistan Telecommunication (Re-Organization) Act, 1996 (hereinafter referred to as ‘the Act of 1996’) are protected and guaranteed. The impugned judgment, the learned Sr. ASC maintained, is also liable to be reviewed when it is an outright departure from the dicta of this Court rendered in the cases of Principal Cadet College, Kohat Vs. Muhammad Shoaib Qureshi (PLD 1984 SC 170), Pakistan Red Crescent Society Vs. Syed Nazir Gillani (PLD 2005 SC 806), Pakistan International Airlines Corporation and others Vs. Tanveer-ur-Rehman and others (PLD 2010 SC 676), Executive Council Allama Iqbal Open University, Islamabad through Chairman and another Vs. Muhammad Tufail Hashmi (2010 SCMR 1484) and Pakistan Telecommunication Company Ltd. through Chairman Vs. Iqbal Nasir and others (PLD 2011 SC 132).

3. Mr. Abdul Rahim Bhatti, learned ASC appearing on behalf of the respondent (in CRP-247/2011) contended that where the terms and conditions of service of the employees on their transfer to the Corporation in the first instance under sub-Section 2 of Section 9 of the Act of 1991 and then to the Company under Sections 35 (2), 36(1) and (2) of the Act of 1996 are protected, they could not be changed to their disadvantage. The terms and conditions, the learned ASC maintained as defined in Section 3 of the Civil Servants Act, 1973 mean “the terms and conditions provided by the Civil Servants Act and the rules”. Such terms and conditions, the learned ASC added, being statutory can be enforced through a petition under Article 199 of the Constitution of the Islamic Republic of Pakistan. The learned ASC to support his contention placed reliance on the cases of Oil and Gas Development Company and others Vs. Nazar Hussain and others (2010 SCMR 1060), Syed Tahir Abbas Shah Vs. OGDCL through M.D. Head Office, Islamabad and another (2011 SCMR 1912), Muhammad Tariq Badar and another Vs. National Bank of Pakistan and others (2013 SCMR 314), and Pakistan Telecommunication Employees Trust (PTET) through M.D. Islamabad and others Vs. Muhammad Arif and others (2015 SCMR 1472).

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