Law:

Section:

(a) Constitution of Pakistan (1973)------Art. 199--- Service Tribunals Act (LXX of 1973), S.2-A---Penal Code (XLV of 1860), S.21----- Constitutional petition ----- Maintainability-----Civil servant-----Employees of Sui Southern Gas Company Ltd. ----- Status of ------Sui Southern Gas Company is public limited and incorporated under the Companies Act, 1913, and is quoted on Stock Exchanges---Although the majority shares in the Company are held by the President of Pakistan, yet the same does not make the Company a department of Government of Pakistan--­Insertion of S.2-A in Service Tribunals Act, 1973, does not in any way make employees of the Company civil servants or public functionaries to make them amenable to the Constitutional jurisdiction of High Court--­Constitutional petition was not maintainable against the employees of Sui Southern Gas Company in circumstances. Badruddin H. Mawani v. Messrs Commerce Bank Ltd. PLD 1975 Kar. 182 and Darab Shah B. Dalal v. Muslim Commercial Bank PLD 1977 SC 457 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Expression 'performing functions in connection with the affairs of Federation or Province'---Scope---Transmitting supply or sale of natural gas---Company which was carrying on such business, could not be said to be performing functions in connection with the affairs of the Federation or the Province. (c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Maintainability---Local authority--­Employees of Sui Southern Gas Company do not have status of employees of local authority---Company is a public limited company quoted on stock exchange and has not been entrusted by the Government with the control or management of a municipal or local fund as such the Company cannot be regarded as a local authority against which writ can be issued under Art. 199 of the Constitution. (d) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Contractual obligation, enforcement of---Scope--Such obligation cannot be enforced by filing petition under Art. 199 of the Constitution. M. Muzaffar-ud-Din Industries Ltd. v. Chief Settlement and Rehabilitation Commissioner 1968 SCMR 1136…

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