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Petitioner: ANIS ALI REHMANI VS Respondent: Messrs UNITED BANK LIMITED
Court Name: Sindh High Court Judge(s): Ajmal Mian, Abdul Rahim Kazi Title: ANIS ALI REHMANI vs Messrs UNITED BANK LIMITED Case No.: Constitutional Petition No, 1897 of 1979 Date of Judgment:1988-11-14 Reported As: 1989 PLC 724 Result: Writ refused.
JUDGMENT
JUDGMENT AJMAL INMAN, C.J.--This petition is directed against the termination of service by the respondent. The grievance of the petitioner is that he was not even served with the notice of termination. On the other hand, the case of the respondent is that they had served one month's notice as per rule and the termination of service is simplicity. A Division Bench of this Court, in the case of Inayatullah Narejo v. The United Bank Limited of Pakistan and 7 others reported in 1988 CLC 1446, has held that the United Bank Limited (Staff) Service Rules, 1971, framed by Executive Board of the Bank, are not Statutory Rules, and therefore, their violation cannot be assailed through a Constitutional petition. The above judgment is binding on us, and therefore, the above petition is not competent in the absence of violation of any Statutory Rules. It was then contended by Mr. Muhammad Muzaffarul Haq, learned counsel for the petitioner, on the basis of paragraph 16(iv)(b) that factually the petitioner was not served with any notice at all, and therefore, the termination of service was illegal. It will suffice to observe that at the most the petitioner will be entitled to claim damages for wrongful termination of service. The above petition is misconceived and therefore, it is dismissed with no order as to costs.