Lahore High Court Dismisses Review Petition in Employment Termination Case on Ground of Limited Scope of Review
Islamabad 11-01-2025: The Lahore High Court, Bahawalpur Bench, dismissed [Review Application No. 07 of 2024] filed by Ahsan Allahi Zaheer and another, challenging their contract termination by the Bahawalpur Health Authority. The review petition stemmed from the dismissal of their [Intra Court Appeal No. 57 of 2024] and the original Writ Petition filed under Article 199 of the Constitution of Pakistan, 1973.
The applicants were employed under the Recruitment Policy 2022 on a contractual basis. Their employment contracts were not extended after one year in line with Clause 5 of their job offer letters. The applicants first challenged this non-renewal through [Writ Petition No. 3214 of 2024], which was dismissed by a Single Judge on 03.05.2024. Subsequently, their Intra Court Appeal was also rejected by a Division Bench on 09.05.2024.
In the review application, the applicants argued that the Court had overlooked critical legal and factual errors in the prior judgments.
The Division Bench, comprising Mr. Justice Sardar Muhammad Sarfraz Dogar and Mr. Justice Sadiq Mahmud Khurram, reiterated the limited scope of review jurisdiction under Section 114 and Order XLVII, Rule 1 of the Code of Civil Procedure, 1908. The Court emphasized that:
- Review is confined to correcting manifest errors apparent on the face of the record.
- Points already raised and decided in prior judgments cannot be re-agitated.
- The remedy for a contract employee lies in filing a civil suit for damages, not in seeking reinstatement under constitutional jurisdiction.
The Court further observed that the applicants’ arguments, including claims for unpaid dues and alleged irregularities in their appointments, had already been thoroughly considered and addressed in the earlier decisions.
The judgment referred to several notable precedents, including:
- Sh. Mehdi Hassan Vs. Province of Punjab (2007 SCMR 755): Review jurisdiction is limited to correcting patent errors.
- Majid Mahmood Vs. Muhammad Shafi (2008 SCMR 554): Review is not an appeal or rehearing and must address self-evident errors.
- Abdul Hakeem Vs. Khalid Wazir (2003 SCMR 1501): New material cannot be introduced during review if it was available earlier.
The Court concluded that the review application was “misconceived and unfounded,” as there were no manifest errors on record warranting review. The application was dismissed, reaffirming the earlier judgments.
This decision reinforces the principle that review jurisdiction is not a tool for rehearing or appealing decisions but is strictly limited to addressing glaring legal or factual errors. It also underscores the limitations of constitutional remedies for contractual employees seeking reinstatement.
This judgment sets a precedent for similar cases involving contractual employment disputes and the narrow scope of review jurisdiction under Pakistani law.
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