Law:

Section:

Pakistan International Airlines Corporation Aircraft Engineers Service Rules, 2001-------Pakistan International Airlines Corporation (Suspension of Trade Unions and Existing Agreements) Order (C.E. Order No. 6 of 2001), Art.2----Pakistan International Airlines Corporation (Suspension of Trade Unions and Existing Agreements) Order (Repeal) Act (II of 2008), S.2---Constitution of Pakistan, Art.199---Constitutional petition---Aircraft Engineer in Pakistan International Airlines Corporation---Petitioner claimed promotion to post of Deputy Chief Engineer in terms of Pakistan International Airlines Corporation Aircraft Engineers Service Rules, 2001 framed by Airlines Corporation vide Admin. Order No.16/2001 dated 17-7-2001 in pursuance of Pakistan International Corporation (Suspension of Trade Unions and Existing Agreements) Order, 2001 (C.E. Order No. 6 of 2001)---Validity---Proviso to Art.2 of C.E. Order No.6 of 2001 merely conferred power on Board of Directors of such Corporation to prescribe terms and conditions of service etc., and same did not provide for creation of statutory Rules ---Pakistan International Airlines Corporation Aircraft Engineers Service Rules, 2001 framed by Corporation whether by Administrative Order 16/2001 or otherwise were not statutory rules as neither permission of Federal Government had been obtained nor was same required to be obtained---Repeal of C.E. Order No. 6 of 2001 by Pakistan International Airlines Corporation (Suspension of Trade Unions and Existing Agreements) Order (Repeal) Act, 2008 merely saved/protected orders framed thereunder unless altered or rescinded---No such protection could change status of Rules, 2001, which were non-statutory in nature---Neither C.E. Order No.6 of 2001 nor its repealing Act, 2008 conferred any power to frame statutory rules or give status of statutory rules to any order, instructions or rules framed by Corporation for its internal matters---High Court dismissed constitutional petition for not being maintainable in circumstances. Pakistan International Airlines Corporation v. Tanweer-ur-Rehman PLD 2010 SC 676 and Society of Aircraft Engineers of Pakistan and others v. Federation of Pakistan and…

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