| Citation(s) |
|---|
| 2011 SLG 847 2011 SLD 847 2011 PLD 132 |
Supreme Court of Pakistan
Civil Appeals Nos.468, 471-474, 632, 633, 852-859, 883-892,899-901, 950 and 974 of 2010, decision dated: 23rd,December, 2010. dates of hearing: 4th 22nd, 24th 29th and30-11-2010
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., TARIQ PARVEZ KHAN AND GHULAM RABBANI, JJ
Muhammad Munir Piracha, Advocate Supreme Court, Mehmood A. Sheikh, Advocate-on-Record with Ms. Zahida Awan, GM (Legal) and Syed Yamin Shah, Manager (HR) for Appellants (in C.As. Nos. 468, 471-474, 632, 633, 853-859, 899-901, 950 & 974/2010). Raja M. Ibrah
Civil Appeals Nos.468, 471-474, 632, 633, 852-859, 883-892,899-901, 950 and 974 of 2010, decision dated: 23rd,December, 2010. dates of hearing: 4th 22nd, 24th 29th and30-11-2010
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., TARIQ PARVEZ KHAN AND GHULAM RABBANI, JJ
Muhammad Munir Piracha, Advocate Supreme Court, Mehmood A. Sheikh, Advocate-on-Record with Ms. Zahida Awan, GM (Legal) and Syed Yamin Shah, Manager (HR) for Appellants (in C.As. Nos. 468, 471-474, 632, 633, 853-859, 899-901, 950 & 974/2010). Raja M. Ibrah
PAKISTAN TELECOMMUNICATION CO. LTD. through ChairmaNVsIQBAL NASIR and others
Law: Pakistan Telecommunication Corporation Act, 1991
Section: 6
Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
Section: 1(g)
Law: Law Reforms Ordinance, 1972
Section: 3
Law: Constitution of Pakistan, 1973
Section: 185(3),199(5)
(a) Pakistan Telecommunication Corporation Act (XVIII of 1991)--- ----S. 6---Constitution of Pakistan, Arts. 185(3) & 199(5)--- Leave to appeal was granted by Supreme Court to consider whether writ in the matter could not be issued to Pakistan Telecommunication Corporation , Limited, as it was not performing functions in connection with affairs of Government and even if it was assumed to be performing such functions, still subject matter of passed by High Court was not connected with affairs of Government; and whether rules framed by Pakistan Telecommunication Corporation Limited were statutory or not. (b) Pakistan Telecommunication Corporation Act (XVIII of 1991)--- ----S. 6--- Constitution of Pakistan, Arts. 185(3) & 199(5)--- Leave to appeal was granted by Supreme Court to consider whether there was no statutory right in favour of employees to continue in service despite retrenchment, which aspect was not adverted to by High Court. (c) Pakistan Telecommunication Corporation Act (XVIII of 1991)--- ----S. 6---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.1 (g)--- Constitution of Pakistan, Art.199---Pakistan Telecommunication Corporation Limited---Status---Non-statutory rules---Master and servant, principle of---Applicability---Constitutional jurisdiction of High Court, exercise of---Contract employees---Vested right---Respondents were contract employees and on completion of contracts, Pakistan Telecommunication Corporation Authority terminated their services---High Court in exercise of constitutional jurisdiction, directed the Corporation to reinstate respondents in service---Validity---Federal Government first sold 12% shares of Pakistan Telecommunication Corporation Limited through public subscription and then it sold 26% [all B class shares] to foreign company and remaining 62% shares of Pakistan Telecommunication Corporation Limited were still owned by Federal Government---As long as Government owned majority shares in the Corporation, either in its own name or whether wholly or partially in the name of any other organization or entity controlled by Government, Pakistan Telecommunication Corporation Limited was…
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