ISLAMABAD: The Supreme Court declared that the relationship of master and servant is not meant for mere exploitation, and laws exist to protect the fundamental human rights of the employees who are neither civil servants nor governed under statutory rules.
A two-judge bench comprising Justice Sardar Tariq Masood and Justice Muhammad Ali Mazhar held this on the petition of president Zarai Taraqiati Bank Limited (ZTBL), Islamabad against the Peshawar High Court (PHC).
A team of State Bank of Pakistan (SBP) on 5th and 6th August 2015, carried out an inspection of ZTBL Mingora and Behrain branches, Swat and found certain violations of standing instructions of the SBP. As a consequence, thereof, penalties of Rs1,420,000 and Rs602,000 were imposed on the branches respectively.
The management vide Office Memo dated 30.05.2017, directed the present respondent employees to deposit the penalties in proportion to their responsibilities. Being aggrieved, they filed appeals to the higher-ups which remained undecided due to the non-availability of BOD of ZTBL, hence a civil suit was filed.
In the trial court, the petitioner (the ZTBL) filed applications under Order VII Rules 10 and 11 CPC on the plea that the civil court has no jurisdiction to entertain the suit for declaration and injunction with regard to the relationship governed under the rule of master and servant. However, the civil judge granted the status quo against recovery and dismissed both the applications. The petitioner challenged the order before the PHC, Mingora Bench which maintained civil court order 13.11.2019.
The judgment, authored by Justice Mazhar said that the employees, who are covered under the definition of workers or workmen, may approach the labour courts or NIRC, as the case may be, and in the case of civil servants, they may approach to the Service Tribunal and if the employment is covered and governed under the statutory rules of service then obviously in the event of any violation, such employees may file Constitution Petition under Article 199 of the 1973 Constitution, but in case or category of employees who are neither covered under the labour laws nor the Civil Servants Act nor having any statutory rules or regulations of service, they may, due to lack and non-existence of statutory remedy or statutory rules of service, can only file a civil suit for the satisfaction of their claims including the damages/ compensation for wrongful dismissal.
The judgment said that the function of the court is to do substantial justice and not to knockout or nonsuit the party on technicalities. It added that under Article 3 of our Constitution it is the responsibility of the State to ensure the elimination of all forms of exploitation and the gradual fulfilment of fundamental principle from each according to the ability to each according to his work and under Article 37 (Principles of Policy) it is the responsibility of the State to ensure equitable and just rights between employer and employees and provide for all citizens, within the available resources of the country facilities of work and adequate livelihood with reasonable rest and leisure and now under Article 10-A of the Constitution, right to fair trial and due process is also a fundamental right of great magnitude, therefore, in all fairness, even under the relationship of master and servant, this fundamental right should be respected and followed being an integral part of due process.
Copyright Business Recorder, 2022
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