Whether the suit for declaration under section 42 of the Specific Relief Act, 1877 to challenge the order of termination/dismissal from service of an employee in a statutory corporation having no statutory rules, was maintainable or not?.

It is a settled rule that in the absence of any statutory rules the employee cannot claim the rights and privileges as are available to civil servants. Instead the rule of master and servant would attract which is to the effect that unwilling employer cannot be compelled to accept the services of an employee who had been removed from service and if the employee feels that the order was not just or fair or suffered from any mala fide, the remedy will be to sue for damages and not for declaration for subsistence of service as no declaration could be issued as to the subsistence of a contract that by its own terms and conditions was terminable at the option of the employer.

Civil Revision No.76153 of 2021
Senior Air Hostess Samina Saleem Qureshi
Versus Pakistan International Airlines and others