Law: National Command Authority Ordinance, 2007

Section: 3,7,9,22

Law: Constitution of Pakistan, 1973

Section: 199

National Command Authority Ordinance (LXX of 2007)---   ----Ss. 3, 7, 9 22---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Counsel for the petitioners had argued that Pakistan Atomic Energy Commission, though had been absorbed in strategic organization; and its employees were deemed to be employees of National Command Authority, but National Command Authority Ordinance, 2007 by virtue of which the services of the petitioners were absorbed in the National Command Authority having been promulgated by the President of Pakistan being Chairman of National Command Authority; services of the petitioners were governed by statutory regulation under Employers Services Regulations, 2007; and that constitutional petitions filed by the petitioners, were maintainable---Further contention by the counsel for the petitioner was that, assuming without conceding, that the rules were not statutory in nature, even then the constitutional petitions were maintainable in view of bar provided in S.22 of National Command Authority Ordinance, 2007---Perusal of different provisions of National Command Authority Ordinance, 2007, showed that Authority established under S.3 of the Ordinance, had been fully empowered in respect of appointment of the officers and employees, including their terms and conditions and make rules and regulations for carrying out the objectives of said Ordinance---National Command Authority Employees Services Regulations, 2007 were promulgated in supersession of all existing regulations which were framed earlier for regulating the terms and conditions of strategic organizations---Where power to frame regulations was given to the Corporation or Authority; then such regulations were not to be treated as statutory rules/regulations, the breach whereof could be enforced by filing a suit and not by constitutional petition and that services of the employees of the Pakistan Atomic Energy Commission were not governed by statutory rules---Petitioners were being governed by non-statutory rules/regulations and the provisions thereof, could not be enforced through constitutional jurisdiction of High Court under Art.199 of the…

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