PHC upholds dismissal of caretaker-era employees
A two-member bench comprising Justice Mohammad Naeem Anwar and Justice Kamran Hayat Miankhel heard the case. The petitioners were represented by their respective counsels, while Additional Advocate General Taimur Haider appeared on behalf of the provincial government.
The petitioners' lawyers argued that their clients were legally appointed during the caretaker setup and had been performing their duties diligently. However, after the general elections, the newly elected government dismissed all employees hired during the caretaker period without issuing any show-cause notices or giving them a chance to be heard, which they claimed was a violation of legal norms and procedural fairness. They requested the court to declare the terminations null and void.
In response, Additional Advocate General Taimur Haider informed the court that the legality of the Act under which the employees were dismissed had already been debated extensively in the provincial assembly. He emphasized that the dismissals were carried out through a proper legislative process and under a valid law.
He further argued that the caretaker government's primary mandate was to ensure the conduct of free and fair electionsnot to make appointments or carry out policy decisions.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Business Recorder
5 hours ago
- Business Recorder
Civil appeals: Justice Ejaz questions IHC DB ruling
ISLAMABAD: Justice Ejaz Ishaq Khan, a judge of the Islamabad High Court (IHC) raised questions over the decision of a IHC division bench order that after the Civil Courts (Amendment) Act, 2025, now the district judges would hear the civil appeals instead of the High Court. A division bench of IHC comprising Justice Muhammad Azam Khan and Justice Inaam Amin Minhas had declared it in a civil reference titled, 'The Civil Courts (Amendment) Act, 2025 and Transfer of Appeals from Islamabad High Court to District Judges (East) & (West), Islamabad, in pursuance thereof.' During the hearing, Justice Ishaq summoned the additional registrar and remarked that a bench of two junior judges was formed and all cases were sent back to the district courts. He added that this decision should have been made in a full court meeting to determine whether the cases were to be heard by the High Court or sent to the district courts. Justice Ishaq maintained that even the opinions of the judges hearing the appeals were not sought. He remarked that the cases have been heard for four years, many were 80 per cent completed and now they have been abruptly sent to the district courts by the judges who had joined the IHC three months ago. He further said that now, the district courts will start rehearing the cases, which will cause difficulties for the litigants and they will have to pay fees again. In this matter, the IHC Office moved the instant reference and attached a list of cases pertaining to Regular First Appeals filed against the decrees or orders passed by learned Civil Judges working under the administrative control of the IHC. The list contained 1594 RFAs, which is stated to be tentative. The questions formulated in the reference were included whether amendment made in Section 18 is a matter of procedure and had retrospective effect? and whether High Court can transfer pending appeals to the District Judges on its own motion without notice to the parties to the list?. Justice Azam, who authored the judgment, said that the power of High Court delegated under Section 24, CPC, is further fortified in the judgment passed in Khan Muhammad and others Vs Ishtiaq Hussain reported as 1987 SCMR 1482. Copyright Business Recorder, 2025
Business Recorder
5 hours ago
- Business Recorder
10-year industrial policy finalised
ISLAMABAD: The government while accepting the longstanding demand of the industrial and business community has finalised 10-year long-term industrial policy after months of detailed discussions. The prime minister of Pakistan has tasked the Ministry of Industries and Production to discuss and review the current industrial policy, keeping in view that the share of industrial sector in GDP in 1996 was 26 percent which in 2025 has reduced to 18 percent. The Ministry of Industries and Production, following the prime minister's directives constituted eight different high-powered sub-committees to look into the matters of reshaping the industrial sector of the country, here on Friday presented the recommendations for the revival of industrial sector to the Special Assistant to the Prime Minister (SAPM) on Industries and Production Haroon Akhtar Khan during a high-level meeting. Long-term industrial policy on the anvil As per the policy recommendations of prime minister's constituted committees, the policy will remain valid for 10 years and the government along with other stakeholders after every 18 months will review the progress. The government will ensure improved credit to the small and medium enterprises (SMEs) and distressed segment. Special amendments in various laws will be made to create business-friendly environment and ensure the investors security as well as promoting localisation. The sick industrial units will be restored and banks will be encouraged to provide them loans. During the meeting, the committee members finalised the recommendations of eight specialised sub-committees. These proposals were reviewed in detail, marking the beginning of the implementation phase for the country's new industrial policy. Haroon Akhtar Khan highlighted that the contribution of the industrial sector to GDP has declined from 26 percent in 1996 to 18 percent in 2025, stressing the urgent need to revive the sector. He emphasised the importance of boosting exports and developing import substitutes to stabilise the economy. To address the challenges facing the industrial sector, eight sub-committees were constituted. Among their key proposals: The State Bank of Pakistan will issue guidelines for the revival of sick industries and resolution of debts. Amendments have been proposed to the Corporate Rehabilitation Act, 2018. Banks have been advised to use data forecasting tools to detect early signs of industrial sickness. Industrial unit classification has been determined in consultation with the Pakistan Banking Association. To incentivise manufacturing, a reduction in corporate tax from 29 percent to 26 percent over three years has been recommended. Amendments to the Securities and Exchange Commission of Pakistan (SECP) Act, the Anti-Money Laundering Act, and the Income Tax Ordinance have also been proposed. To ensure swift execution, SAPM Haroon Akhtar Khan has formed 10 new implementation sub-committees and instructed them to show tangible results within a week. He stated that the new industrial policy is comprehensive and has the potential to usher in an industrial revolution in Pakistan. Commending the committees for their exceptional performance in a short span, Khan added that the finalised recommendations have been presented to Prime Minister Shehbaz Sharif, who appreciated the effort. Copyright Business Recorder, 2025
Express Tribune
9 hours ago
- Express Tribune
PHC upholds dismissal of caretaker-era employees
The Peshawar High Court (PHC) on Friday dismissed petitions challenging the termination of employees appointed during the caretaker government, upholding the provincial government's decision as lawful. A two-member bench comprising Justice Mohammad Naeem Anwar and Justice Kamran Hayat Miankhel heard the case. The petitioners were represented by their respective counsels, while Additional Advocate General Taimur Haider appeared on behalf of the provincial government. The petitioners' lawyers argued that their clients were legally appointed during the caretaker setup and had been performing their duties diligently. However, after the general elections, the newly elected government dismissed all employees hired during the caretaker period without issuing any show-cause notices or giving them a chance to be heard, which they claimed was a violation of legal norms and procedural fairness. They requested the court to declare the terminations null and void. In response, Additional Advocate General Taimur Haider informed the court that the legality of the Act under which the employees were dismissed had already been debated extensively in the provincial assembly. He emphasized that the dismissals were carried out through a proper legislative process and under a valid law. He further argued that the caretaker government's primary mandate was to ensure the conduct of free and fair electionsnot to make appointments or carry out policy decisions.
