Law:

Section:

(a) Constitution of Pakistan-------Art. 199---Constitutional petition---Maintainability---Employer Organisation was a "public utility company" (Electric Supply Company), wholly owned and controlled by the Government and for all intents and purposes the said company followed the policies laid down by the Government of Pakistan vis-a-vis supply of electricity under its area of control---All the rules made applicable to the employees of the Company were the ones applicable to WAPDA employees---Company was trying to non-suit the petitioner/employee by quoting from the WAPDA Employees Medical Attendance Rules, 1979---Constitutional petition of employee was maintainable against the employer company, in circumstances. Farrukh Bashir v. Federal Public Service Commission, Islamabad through Secretary and 2 others 2003 PLC (C.S.) 1161; Dr. Naveeda Tufail and 72 others v. Government of Punjab and others 2003 SCMR 291 and Aitchison College Lahore v. Muhammad Zubair and another PLD 2002 SC 326 ref. (b) Pakistan Water and Power Development Authority Employees Medical Attendance Rules, 1979--- ----R. 6(a)---Initial recruits/recruitments---Medical Board was not only meant for permanent employees but could assemble for initial recruits/recruitments. Azhar Iqbal for Petitioner. Mian Ashiq Hussain for Respondents. Date of hearing: 20th April, 2010. JUDGMENT MAMOON RASHID SHEIKH, J.-- With the consent of the parties this case is being treated as a Pakka matter and shall be decided on the basis of the available record. 2. The respondents have filed their report and parawise comments which are supported by copies of extracts from the WAPDA Employees Medical Attendance Rules, 1979. 3. The brief facts giving rise to this petition are to the effect that the petitioner was selected for appointment on contract basis as Assistant Line Man (ALM) under the Faisalabad Electric Supply Company (FESCO) in BPS-3 through appointment letter No.5043/Admn-II/A-25 dated 11-2-2010. The said letter was issued by respondent No.1. According to Clause 19 of the terms and conditions of the appointment letter the petitioner was required to report to respondent No.4 along with a Medical Fitness Certificate on…

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