LAHORE: The Lahore High Court (LHC) on Friday dismissed a petition by the director legal affairs of the Pakistan Railways, challenging termination of his contract by the new regime.

During a hearing at the Supreme Court related to the railways, Federal Minister for Railways Sheikh Rashid Ahmad had complained to Chief Justice Mian Saqib Nisar that he was a very helpless minister as he could not even appoint legal advisor of his choice.

The minister had told the chief justice that railways former director legal Tahir Pervez had obtained a stay from the high court after the authorities terminated his contract. Mr Pervez, who was present in the court, had pleaded that he was unlawfully removed before expiry of his contract.

At this, Chief Justice Nisar had directed the high court to decide the matter within one week or so.

High court says contract workers can’t ask for more than terms and conditions

Justice Jawad Hassan of the LHC heard the petition of Mr Pervez and dismissed the same within an observation that the petitioner, being a contract employee, had no locus standi to file the petition.

“It is a settled law that, where a service grievance is agitated by a person/employee who is not governed by statutory rules of service, the constitutional petition before the high court, in terms of Article 199 of the Constitution, is not maintainable,” the judge ruled.

He further observed that a contract employee, instead of pressing for his reinstatement to serve for the leftover period, could, at best, claim damages to the extent of unexpired period of his service. He ruled that contract employees were always governed by the terms and conditions of the contract and could not ask for more than that.

“I see no illegality or legal infirmity in the impugned order. Consequently, the instant petition is devoid of any merit and is accordingly dismissed,” the verdict concluded.

Published in Dawn, January 12th, 2019