Law: Pakistan International Airlines Corporation Act, 1956

Section: 30,31

Law: Constitution of Pakistan, 1973

Section: 199

Pakistan International Airlines Corporation Act (XIX of 1956)---   ----Ss. 30 31---Constitution of Pakistan (1973), Art.199---Constitutional petition---Termination of service---Non-statutory rules---Principle of master and servant---Applicability---Petitioners initially provided their services to the Corporation through a contractor and claimed that later on they were employed by the Corporation directly---Plea raised by petitioners was that after continuous service of 180 days they had become permanent employees of Pakistan International Airlines Corporation and could not be terminated---Validity---Regulations in Pakistan International Airlines Corporation were framed by its Board of Directors in pursuance of S.30 of Pakistan International Airlines Corporation Act, 1956 and it was not established that regulations had been framed with previous sanction of Federal Government or that those were gazetted and laid before. National Assembly in terms of S.31 of Pakistan International Airlines Corporation Act, 1956, and as such Pakistan International Airlines Corporation Regulations could not be treated as statutory rules of the nature which entitled the employees of the Corporation to claim relief of reinstatement on the ground of breach of statutory provision---Employees of Pakistan International Airlines Corporation, in absence of violation of law or statutory rules, could not be pressed into service the constitutional jurisdiction for their reinstatement in service and only remedy available to petitioners was to claim damages---Petitioners were not employed by the Corporation, they were the employees of. contractor, who was not party to petition and as such they had no claim against respondent and relationship of master and servant did not exist between the parties and petitioners were not entitled to be reinstated---Petition was dismissed in circumstances.    Ikram Bari and 524 others v. National Bank of Pakistan through President and others 2005 SCMR 100 distinguished.   Muhammad Asim and others v. Telecommunication and others 1997 PLC (C.S.) 1131; Masood Ahmed and 24 others v. Pakistan International Airlines Corporation and 2 others 2001 PLC…

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