Law:

Section:

(a) Pakistan Insurance Corporation Act (XXXVIII of 1952)-------Ss. 3 & 46---Pakistan Insurance Corporation (Re-Organization) Ordinance (XXXVI of 2000, Ss.3 & 7---Pakistan Insurance Corporation (Staff) Service Regulations, 1959, Reglns.24, 27 & 28---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Employee of Pakistan Re-Insurance Company Limited---Dismissal from service---Absence from duty---Company being entirely owned by Federal Government was a "person" within contemplation of Art.199(5) of the Constitution---Pakistan Insurance Corporation (Staff) Service Regulations, 1952 were statutory rules for having framed by Board of Management of Insurance Corporation with prior approval of Federal Government under S.46 of Pakistan Insurance Corporation Act, 1952---After promulgation of Pakistan Insurance Corporation (Re-Organization) Ordinance, 2000, all properties, rights and liabilities to which Corporation was entitled, vested in such Company w.e.f. 15-2-2001 and employees of Corporation stood transferred to such company on their same terms and conditions---Till framing of new rules under Ordinance, 2000, old rules i.e. Regulations, 1959 would be deemed to be operative despite their implied repeal---Constitutional petition was maintainable in circumstances. Muhammad Mubeen-us-Salam and another v. Federation of Pakistan and others, PLD 2006 SC 602; Raja Riaz v. Chairman Pak. Space and Upper Atmosphere Research Commission, Karachi 2008 SCMR 402; Allied Bank Ltd. v. Syed Nasir Abbas Naqvi, 2007 SCMR 1143; Pakistan International Airlines Corporation v. Tanweer-ur-Rehman PLD 2010 SC 676 and Nasiruddin Ghori v. Federation of Pakistan, 2010 PLC 323 ref. Salahuddin and 2 others v. Frontier Sugar Mills and Distillery Ltd., Takht Bhai and 10 others PLD 1975 SC 244; Principal Cadet College, Kohat and another v. Muhammad Shoaib Qureshi, PLD 1984 SC 170 and Dr. Muhammad Amin v. President Zarai Taraqiati Bank Limited, 2010 SCMR 1458 rel. (b) Pakistan Insurance Corporation (Staff) Service Regulations, 1959--- ----Reglns. 24, 27 & 28---Constitution of Pakistan, Art.199---Constitutional petition---Employee of Pakistan Re-Insurance…

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