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PLD 1983 Federal Shariat Court 17

M. DARYAB YOUSAF QURESHI vs CHAIRMAN, WAPDA

CitationPLD 1983 Federal Shariat Court 17
CourtFederal Shariat Court
Case No.Petition No, 1/R of 1980
Date1981-08-07
Judge(s)Aftab Hussain, Muhammad Siddiq, Maulana Muhammad Taqi Usmani
ResultPetition dismissed

ORDER

1. ' JUSTICE AFTAB HUSSAIN (CHAIRMAN).-Mr. Moeenuddin Advocate has argued the matter at length.

2. The only question is whether the amendment in section 17 of the WAPDA Act by which the Authority was invested with a power to retire or remove any of its employee without assigning any reason after giving not less than 30 days' notice or payment of salary for the period of such notice, other terms and conditions of service notwithstanding, is repugnant to the Holy Qur'an and the Sunnah of the Holy Prophet (PBH). It is clear from the argument of the learned counsel that the case before us is not of any contract inter se, by which certain terms and conditions might have been settled between the employees and the employer before the former was initiated into service. At most it is a case in which the terms and conditions of service are regulated by legislative process. It is conceded that the Legislature has the authority to withdraw the concession given to a person by legislation and in this respect no Constitutional guarantee has been provided for. In these circumstances we find nothing in the above law which may be said to be in any was against the spirit of Islam. Sharia has given much flexibility to the relationship of employer and employee which is a contractual relationship. The main guarantees given by Sharia to an employee are:

(1) the immediate payment of his wages.

(2) strict adherence to the terms of contract.

(3) abstinence from making his work hard unbearable. None of these questions arise in this petition. The petition ' fails and is dismissed in limine.

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