Implementation of Order of Chief Minister

Citation Name : 2002 PLD 728 SUPREME-COURT

Side Appellant : IMDAD MAGSI

Side Opponent : KARACHI WATER AND SEWERAGE BOARD

—-Rr.4(a) & 6(b)(c) —Karachi Water and Sewerage Board Employees (General Conditions of Services) Rules, 1987, R.78(1)(2)(3)—Karachi Water and Sewerage Board Resolution No.1 of 1991, dated 15-6-1991—Sindh Service Tribunals Act (XV of 1973), S.2-A—Constitution of Pakistan (1973), Arts. 199, 212 & 185(3)–-Retrenchment of the employees of Karachi Water and Sewerage Board before the completion of probation period—Chief Minister of the Province ordered reinstatement of such employees–Validity—Constitutional petition before High Court for implementation of the orders of the Chief Minister—Maintainability—Applicability of S.2-A, Sindh Service Tribunals Act, 1973–-Scope-–Leave to appeal was granted by the Supreme Court to consider the points to the effect as to whether writ of mandamus or writ of certiorari could be issued by the High Court to get the order of Chief Minister implemented who himself was Chief Executive of the Province but his orders were not complied with by the Karachi Water and Sewerage Board; whether employees of Karachi Water and Sewerage Board whose services were terminated could be reinstated by the Chief Minister on his own by taking Suo motu action and by ignoring the prescribed procedure as enumerated in S.143, Sindh Local Government Ordinance, 1979; whether the downsizing/retrenchment policy had been implemented with the prior approval of Government of Sindh which resulted in. an en bloc termination of the employees of the Board; and whether the controversy related to the terms and conditions of service and fell within the jurisdiction al domain of Sindh Service Tribunal in view of S.2-A of the Sindh Service Tribunals Act, 1973.