214/2011 Const. P. Javed Hussain Langa (Petitioner) V/S Govt of Sindh & Ors (Respondent)

214/2011 Const. P. Javed Hussain Langa (Petitioner) V/S Govt of Sindh & Ors (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Faisal Arab, Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 24-OCT-12

The arguments of Interveners counsel also failed in presence of this advice from Cabinet Division. The arguments of the learned Counsel for the Intervener, that since a large number of employees would be affected in case the petition is allowed and as such all those employees ought to have been joined as party in this petition, has no force. Firstly a large number of such alleged affectees have already been represented by him who has placed the arguments and more importantly covering the defence of all possible employees and secondly and more importantly the issue that has been canvased before us in fact is the grievance of the petitioner against respondents No.1 & 2 who on account of wrong interpretation of the statute mislead the employees. It is a pure question of interpretation of Sections 4(a) and 4(b) for which the compliance is to be made by respondents No.1&2 in the terms referred above. After such compliance in terms of the interpretation referred above, the persons and employees if at all aggrieved may have a cause to approach the Court if permissible under law. The question of impleading all those thousands of employees is of no relevance and in fact the arguments are misleading. These recommendations by the Cabinet division also nullifies the arguments of the learned Counsel for the Intervener that their reinstatement has not caused prejudice to the rights of the petitioners and the Interveners who were admittedly appointed on contract basis and are required to be dealt with in terms of section 4(b) rather than 4(a) of SERA 2010.