Athar Minallah, C.J. The petitioner has invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as the 'Constitution' ) assailing his dismissal from service vide order , dated 1 1-12-2020.
2. It is noted that Pakistan Software Export Board Limited (hereinafter referred to as the 'respondent Company' ) has not been established through a statute promulgated by the Majlis-e-Shoo ra (Parliament). The terms and conditions of employees of the respondent Company are not governed under statutory rules. The relationship of an employee and the respondent Company is in the nature of 'master and servant '.
3. The learned counsel has referred to orders and judgments passed by various courts in support of his contention that the petition is maintainable. Howeve r, since it is not disputed that neither the respondent Company has been established through a statute nor that the terms and conditions are governed under statutory rules, therefore, the relationship of the petitioner and the respondent Company is in the nature of master and servant.
4. The petitioner has assailed his dismissal from service vide order , dated 11-12-2020. It is settled law that when the relationship is in the nature of maste r and servant, then reinstatement cannot be sought as a relief. The only relief that an employee can seek in case of wrongful removal from service is by way of seeking damages. Reliance is placed on the cases of 'Muhammad Umar Malik v. The Muslim Commercial Bank Ltd. through its President, Karachi and 2 others' [1995 SCMR 453], 'Pakistan Red Crescent Society and another v. Syed Nazir Gillani' [PLD 2005 SC 806], 'Chairman, WAPDA and 2 others v. Syed Jamil Ahmed' [1993 SCMR 346], 'Anwar Hussain v. Agricultural Development Bank of Pakistan and others' [PLD 1984 SC 194], 'Gohar Ali and another v. Messrs Hoechst Pakista n Limited' [2009 PLC (CS) 464], 'Messrs Malik and Haq and another v. Muhammad Shamsul Islam Chowdhury and two others' [PLD 1961 SC 531 ].
5. For the above reasons, this petition is not maintainable and is, therefore, accordingly dismissed.