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KARACHI, Nov 15: A Sindh High Court bench comprising Justices Munib Ahmed Khan and Abdur Rehman Farooq Pirzada issued a bailable warrant for the arrest of a builder raising a structure on plot number LEE-33/26, Lea Market, Lyari. The builder was directed to demolish the unlawfully built portions of his building on Dec 14, 2006.
He not only failed to comply with the court’s order but also avoided court appearance when a contempt application was moved by the petitioner, Karachi Helpline, through Advocate Abdul Jabbar Korai.
The bench asked the Lyari Town police officer to execute the warrant and ensure the appearance of the builder on the next date of hearing.
Petition admitted
Another SHC bench comprising Chief Justice Mohammad Afzal Soomro and Justice Mahmood Alam Rizvi, admitted a petition moved by an employee of the Sindh Industrial and Trading Estate (Site).
He alleged through Advocate Mansoorul Haq Solangi that about 272 employees working in grades eight to 11 were dismissed by the Site management without show-cause notices or affording an opportunity to the employees.
The dismissal orders were given retrospective effect to deprive the employees of their lawful dues, he alleged. Admitting the petition, the bench issued the management a notice for Dec 5.
Reinstated
The Sindh Service Tribunal, meanwhile, reinstated a clerk of the Dow University of Health Sciences (DUHS) with retro-spective effect from Nov 20, 2004, the date of termination of his services.
He was appointed during a ban on recruitments.
Upholding the arguments of Advocate M. Nawaz Shaikh, a three-member SST bench held that all the employees of the Dow Medical College retained their status as civil servants on their transfer from the college to the university.
The bench, which consisted of Justice (retired) Abdul Ghani Shaikh, Ashique Hussain Memon and Nazar Mohammad Baloch, said in its order that the appellant clerk was neither appointed under political influence nor through unlawful means.
It is a well settled law that a department or corporation having itself appointed a civil servant in violation of rules cannot be allowed to take advantage of its lapses to terminate his service.
