Law:

Section:

JUDGMENT   SHAHID ANWAR BAJWA, J.--- The petitioners in all these petitions are employees of various organizations which are admittedly under the control of the Federal Government. These organizations include House Building Finance Corporation, Port Qasim Authority, Pakistan Steel Mills Corporation (Pvt.) Ltd., S.M.E. Bank, Employees Old Age Benefits Institution, Pakistan International Airlines Corporation, Sui Southern Gas Company Ltd. and Sheikh Zayed Islamic Centre. Petitioners/employees in these petitions were proceeded against under the provision of the Removal from Service (Special Powers) Ordinance, 2000 (hereinafter called the RSO). Some of them initially approached Federal Service Tribunal and after in the case of Muhammad Mubeen-us-Slam v. Federation of Pakistan and other PLD 2006 SC 602 their appeals before Federal Service Tribunal were abated while the petitioners in other petitions directly approached this Court. In the case of Pakistan International Airlines Corporation v. Tanweer-ur-Rehman, Civil Appeal No.172-K of 2009, decided by the Supreme Court of Pakistan on 12-3-2010, the honourable Supreme Court in respect of such like organizations firstly held that these organizations are persons within contemplation of Article 199(5) of the Constitution of the Islamic Republic of Pakistan and secondly, the Supreme Court went on to hold that if the organization does not have statutory rules of service the employees of such organizations, in the absence of statutory rules of service cannot approach High Court in its Constitutional jurisdiction. The observations of the Honble Supreme Court were in the following words:--   (19) However, this question needs no further discussion in view of the fact that we are not of the opinion that if a corporation is discharging its functions in connection with the affairs of the Federation, the aggrieved person can approach the High Court by invoking its constitutional jurisdiction, as observed hereinabove. But as far as the cases of the employees, regarding their individual grievances, are concerned, they are to be decided on their own merits namely that if any adverse action has been taken by the employer in…

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