Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 1051. In this matter between Const. P. 2483/2026 (D.B.) Sindh High Court, Karachi - Muhammad Moazzam (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 2483/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 1051 PARTIES: Muhammad Moazzam (Petitioner) ORDER DATE: 07-MAY-26 BENCH: Hon'ble Mr. Justice Muhammad Saleem Jessar(Author), Hon'ble Mr. Justice Nisar Ahmed Bhanbhro A.F.R: Yes ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH KARACHI

Const. Petition No. D-2483 of 2026 (Muhammad Moazzam v. Managing Director, SSGC & others) __________________________________________________________________ Date Order with signature(s) of Judge(s)

Present: Mr. Justice Muhammad Saleem Jessar Mr. Justice Nisar Ahmed Bhanbhro

Fresh case 1. For orders on Misc. No.10433/2026 (Urgent Application) 2. For orders on office objection No.22 3. For orders on Misc. No.10434/2026 (Exemption Application) 4. For hearing of main case

07-05-2026 Mr. Ahmed Hussain Jokhio, Advocate for the petitioner ----------------------

1. Urgency granted. 3. Exemption granted subject to all just exceptions. 2,4&5. Through this petition, petitioner claims following relief:- A. Declare that the impugned dismissal order dated 23.02.2026 passed by respondent No.03 is illegal, unlawful, without jurisdiction and of no legal effect;

B. Set aside the impugned dismissal order dated 23.02.2026 and all consequential proceedings;

C. Direct the respondents to treat the petitioner as continued in service till his date of superannuation i.e. 26.02.2026;

D. Direct the respondents to release all retiral/service benefits including pension if any, gratuity, provident fund, leave encashment, medical faci lities and all other admissible benefits;

E. Direct the respondents to pay all outstanding dues including PMS/annual increments and other service benefits with markup;

F. Suspend the operation of the impugned dismissal order during the pendency of this petition (through interim relief);

G. Restrain the respondents from taking any coercive or adverse action against the petitioner;

H. Grant any other relief deemed just and proper in the circumstances of the case.

When confronted that how a writ against the company is maintainable regarding the terms and conditions of the service of an

Const.Petition No.D-2483/2026 -2-

employee which is being governed under the principle of Master and Servant, learned counsel contended that the petitioner falls under the Management Cadre and no forum is provided under the law to agitate a grievance against his dismissal. He further conceded that the respondent employer was a company and had no statutory service rules. Heard the arguments and perused the material available on record. Petitioner has challenged dismissal order dated 23.02.2026. Admittedly, the employer is a company and in the wake of the judgment of the Hon’ble Supreme Court of Pakistan in the case of Pakistan Electric Power Company v. Syed Salahuddin and others reported as 2022 SCMR 991 employees of a company shall be governed under the principle of master and servant therefore writ jurisdiction of this Court is not available to the petitioner regarding the matters involving terms and conditions of service. Petition bein g misconceived is hereby dismissed in limine. However, the petitioner is set at liberty to avail appropriate remedy under the principle of master and servant before appropriate forum, if so advised.

Judge Head of const. Benches

Judge

B-K Soomro

Approved for Reporting

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