Law:

Section:

(a) Constitution of Pakistan-------Arts. 25 & 199(1)(c)---Constitutional petition---Pilot of Pakistan International Airlines Corporation---Refusal of Corporation to pay compensation to petitioner for loss of licence after declaring him to be unfit medically---Petitioner's plea that Corporation had paid such compensation to his other colleagues, thus, its such refusal was violative of Art.25 of the Constitution---Corporation's plea was that petitioner's grievance was contractual in nature and not governed by statutory rules, rather same governed by principle of master and servant, thus, constitutional petition was not maintainable---Validity---Fundamental Rights could not be curtailed, abridged, infringed or violated---Directions under Art.199(1)(c) of the Constitution could be made to any person, which in appropriate circumstances could include a private person---Corporation was a person performing functions in connection with affairs of Federation---High Court could consider question as to whether petitioner had been discriminated or not, thus, basis of alleged discrimination, if based on contractual obligation, would be immaterial---High Court repelled such plea of Corporation---Principles. Pakistan International Airline Corporation and others v. Tanweer-ur-Rehman PLD 2010 SC 676; Haji Amin v. Pakistan Trading Corporation (Pvt.) Ltd. and another PLD 2009 Kar. 112; S.M. Ismail v. Capital Development Authority and others 2006 CLC 131 and Government of Pakistan and another v. Shoaib Bilal Corporation and others 2004 CLC 1104 ref. (b) Constitution of Pakistan--- ----Arts. 199(1)(c) & 184(3)---Fundamental rights, violation of---Constitutional jurisdiction of High Court---Scope---Such rights could not be curtailed, abridged, infringed or violated---Jurisprudence with regard to substantive application of Art.199(1)(c) of the Constitution being same as developed by Supreme Court in relation to its jurisdiction under Art.184(3) thereof---Directions under Art.199(1)(c) of the Constitution could be made to any person, which in appropriate circumstances could include a private person. (c) Contract Act (IX of 1872)--- ----S. 2---Insurance policy---Contract. (d)…

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