Case Details

Citation(s)
2012 SLG 1073 2012 SLD 1073 2012 PLD 129
Sindh High Court
C. P. No. D-834 of 2004, decided on 31st May, 2011. dates ofhearings: 23rd August, 2010 and 11th April, 2011.
MUSHIR ALAM, C.J. AND AQEEL AHMED ABBASI, J

ALL PAKISTAN NEWSPAPERS SOCIETY and othersvsFEDERATION OF PAKISTAN and others

Law:

Section:

(a) Newspapers Employees (Conditions of Service) Act (LVIII of 1973)--- ----Preamble---Object of Newspapers Employees (Conditions of Service) Act, 1973---Scope---Object of Newspapers Employees (Conditions of Service) Act, 1973 was to provide security of service, working hours in addition to other benefits including leave and medical coverage to all journalists and non journalists newspapers employee by constitution of Wage Board on national level---Act provided mechanism for effective implementation of Wage Board Award---Principles. (b) Constitution of Pakistan--- ----Arts. 2A, 8 & 199---Constitutional petition---Vires of a statute---Scope---Presumption of legality, validity, constitutionality and legislative competence would attach to a statute and heavy burden would lay on a person challenging its validity or vires---Any law, if inconsistent with right conferred under Chap. I of the Constitution and/or any other mandate thereof would be void to the extent of such inconsistency---Irrespective of length of a statute standing on statute book and innumerable cases decided thereunder would not make such statute immune from challenge on ground of being violative of a fundamental right or provision of the Constitution---Principles. (c) Constitution of Pakistan--- ---Art. 14---Protection provided under Art.' 14 of the Constitution would be available to a natural person, but not to a juristic person/body corporate---Principles. (d) Constitution of Pakistan--- _Art. 18---Right guaranteed under Art. 18 of, the Constitution- Scope---Business and/or trade must be lawful and subject to qualifications as prescribed under law. (e) Constitution of Pakistan--- ----Art. 25---Equality before law---Reasonable classification---Essential conditions stated. Classification is recognized provided it is on an intelligible differentia which distinguishes persons or things that are grouped together from those who have been left out, and secondly the differentia must for rational nexus to the object sought to be achieved by such classification. There are general law and special law and it is always wisdom of the legislature to frame law for any specialized class of person. One cannot…
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