Conditions of master & servant relationship;Remedy for employees not covered under Civil Servant Act скачать в хорошем качестве

Conditions of master & servant relationship;Remedy for employees not covered under Civil Servant Act

#Master&Servant #bankemployees #Conditionsofmaster&servantrelationship #CivilLaw #ztb Supreme Court of Pakistan President, ZTBL, Head Office, Islamabad v. Kishwar Khan and others Civil Petition No. 419 OF 2020 Mr. Justice Sardar Tariq Masood, Mr. Justice Muhammad Ali Mazhar the Civil Court has no jurisdiction to entertain the suit for declaration and injunction with regard to the relationship governed under the rule of master and servant. The learned Civil Judge dismissed both the applications. The petitioner challenged the order before the learned Additional District Judge which was dismissed; thereafter the petitioner filed Civil Revision before the learned High Court, which was also dismissed. Hence, this civil petition for leave to appeal. Issues: i) What are the conditions of the master and servant relationship? ii) What remedy is available to the employees for their claims who are neither covered under the Civil Servants Act nor have any statutory remedy or rules or FORTNIGHTLY CASE LAW BULLETIN 8 regulations of service? iii) What procedure should be adopted by the Court, when the plaint appears from the averments articulated in the plaint to be barred by any law or discloses no cause of action? iv) What procedure should be adopted by the Court, if it is of the opinion that it has no jurisdiction to entertain the suit? v) Whether the Civil Courts has the jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred? Analysis: i) The master and servant is an archaic legal phrase meant to describe the relationship of employer and employee which arises out of an express contract of service which may contain certain terms and conditions agreeable to the parties. The general rule is that the master may hire and fire the services of the servants. The amount of compensation is ordinarily regulated by an agreement. ii) In case or category of employees who are neither covered under the labor laws nor the Civil Servants Act nor having any statutory rules or regulations of service, they may, due to lack and nonexistence of statutory remedy or statutory rules of service, can only file civil suit for satisfaction of their claims including the damages/compensation for wrongful dismissal. The relationship of master and servant is not meant for mere exploitation. iii) Order VII Rule 11 CPC enlightens and expounds rejection of plaint if it appears from the averments articulated in the plaint to be barred by any law or disclosed no cause of action. The court is under obligation to must give a meaningful reading to the plaint and if it is manifestly vexatious or meritless in the sense of not disclosing a clear right to sue, the court may reject the plaint. iv) Order VII Rule 10 CPC provides that the plaint shall at any stage of the suit be returned to be presented to the Court in which the suit should have been instituted. If the Court is of the opinion that it has no jurisdiction to entertain the suit, it is not open to that Court to dismiss the suit on that account, but the Court is required to proceed under Order VII Rule 10 CPC directing that the plaint should be returned to the plaintiff for presentation to the proper Court and on returning a plaint, the Judge must endorse the date of its presentation and return, the name of the party presenting it, with a brief statement of the reasons for returning it. v) Under Section 9 of C.P.C., the Civil Courts have the jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. The ouster of civil court jurisdiction cannot be presumed or anticipated straightforwardly, save as the prerequisites laid down are fulfilled. The presupposition of dearth of jurisdiction may not be embedded until the unequivocal law legislated for debarring civil Court from exercising its jurisdiction. Conclusion: i) The master and servant relationship is the relationship of employer and employee which arises out of an express contract of service which may contain certain terms and conditions agreeable to the parties. FORTNIGHTLY CASE LAW BULLETIN 9 ii) The employees who are neither covered under the Civil Servants Act nor have any statutory remedy or rules or regulations of service can only file civil suit for satisfaction of their claims including the damages/compensation for wrongful dismissal. iii) When the plaint appears from the averments articulated in the plaint to be barred by any law or discloses no cause of action, the court should reject the plaint under Order VII Rule 11 CPC. iv) If the Court is of the opinion that it has no jurisdiction to entertain the suit, the Court should proceed under Order VII Rule 10 CPC directing that the plaint should be returned to the plaintiff for presentation to the proper Court. v) Yes, the Civil Courts has the jurisdiction to try all suits of a civil nat