Through the instant intra Court appeal, the appellant, Muhammad Mubaraz, impugns judgment dated 12.05.2015 passed by the learned Judge-in-Chambers, whereby writ petition No.4167/2012 filed by the appellant was dismissed. Through the said writ petition, the appellant had assailed order dated 11.03.2005, whereby he was terminated from the service of Printing Corporation of Pakistan ("PCP") under the provisions of Removal from Service (Special Power) Ordinance, 2000.
2. The appellant was issued a charge sheet on 13.01.2005 alleging that he had committed misconduct and negligence in terms of PCP Employees Service Rules, 1977. After a final show cause notice was issued to the appellant through publication on 20.02.2005, he was terminated from service vide office order dated 11.03.2005 issued by the PCP.
3. We find ourselves in agreement with the conclusion of the learned Judge-in-Chambers that since the PCP Employees Service Rules, 1977 are non-statutory, the appellant could not have invoked the Constitutional jurisdiction of this Court against the termination of his services. However, the appellant was terminated from service by adopting the procedure provided in the Removal from Service (Special Power) Ordinance, 2000. The learned Judge-in-Chambers has delved into the question as to whether due process was followed before the appellant's services were terminated.
Indeed, a show cause notice had been issued to the appellant through publication in the newspapers. Through the said show cause notice, the appellant had been called upon to resume his duties within fifteen days but there is nothing on the record to show that he had resumed his duties. A charge sheet had also been issued to the appellant on 13.01.2005.
4. Against the termination of his services, the appellant had initially invoked the jurisdiction of the Federal Service Tribunal, but his appeal was returned for want of jurisdiction on the basis of the law laid down in the case Mubeen-us-Salam Vs. Federation of Pakistan through Secretary Ministry of Defence (PLD 2006 S.C. 602).
5. The charge sheet and the show cause notice show that the appellant had been alleged to have committed misconduct in terms of Rule 15(3) of the West-Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. This shows that the appellant was a workman.
Against the termination of his services, the appellant's remedy was before the National Industrial Relations Commission and not before this Court. This is an added reason why the writ petition merited dismissal.
6. In view of the above, the instant appeal is dismissed.