NO LIMITATION RUN AGAINST VOID ORDER

2019 P L C (C.S.) 928
[Supreme Court of Pakistan]
Present: Gulzar Ahmed, Faisal Arab and Ijaz ul Ahsan, JJ
Qazi MUNIR AHMED
Versus
RAWALPINDI MEDICAL COLLEGE AND ALLIED HOSPITAL through Principal and others
Civil Petitions Nos. 606 and 607 of 2018, decided on 6th March, 2019.
(Against the Judgment dated 07.12.2017 passed by the Lahore High Court, Rawalpindi Bench,
Rawalpindi in Intra Court Appeals Nos. 181 and 196 of 2012)
(a) Limitation---
----Void order---No period of limitation ran against a void order.
Yousaf Ali v. Muhammad Aslam Zia PLD 1958 SC 104 ref.
(b) Appeal---
----Aggrieved person---Scope---Any aggrieved person whether or not he was a party in a lis had the right to
approach an appellate forum.
H.M. Saya and Co. v. Wazir Ali Industries Ltd. PLD 1969 SC 65 ref.
(c) Constitution of Pakistan---
----Art. 199---Constitutional petition---Competency---Necessary and proper party i.e. Provincial
Government not impleaded---Where petitioner did not implead the Provincial Government as a party in the
constitutional petition, despite the fact that the said Government was a necessary and proper party in the
case, the constitutional petition was not competent and was liable to be dismissed.
Government of Balochistan v. Mir Tariq Hussain Khan Magsi 2010 SCMR 115 ref.
(d) Constitution of Pakistan---
----Art. 199---Contract employment---Constitutional petition filed by a contract employee---
Maintainability---Contract employee was debarred from approaching the High Court in its constitutional
jurisdiction---Only remedy available to a contract employee was to file a suit for damages alleging breach of
contract or failure to extend the contract.
Federation of Pakistan v. Muhammad Azam Chatha 2013 SCMR 120 ref.
(e) Master-servant---
----Contract employee---Contract employee could not press for reinstatement to serve for the left-over
period and could at the best claim damages to the extent of unexpired period of his service.
Federation of Pakistan v. Muhammad Azam Chatha 2013 SCMR 120 ref.
Sardar Abdul Raziq Khan, Advocate Supreme Court and Syed Rafaqat Hussain Shah, Advocate-onRecord for Petitioner (in both cases).
Mian Abdul Rauf, Advocate Supreme Court for Respondents.
Date of hearing: 6th March, 2019.

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