Law: Constitution of Pakistan, 1973

Section: 4,9,25,199,199(1)(a)(ii),199(5)

(a) Constitution of Pakistan--- ----Arts. 199(1)(a)(ii) & 199(5)---Constitutional petition---Maintainability---Person performing functions in connection with affairs of Federation---Scope---Objection was raised on maintainability of constitutional petition that respondent was a company duly incorporated under company law and no writ could be issued by High Court under the Constitutional jurisdiction---Validity---Profile of respondent company revealed that same was a State Enterprise and Government owned majority of its shares---Chief Executive of company was a nominee of Government of Pakistan and had been delegated with such powers by Board of Directors as were necessary to effectively conduct business of company---Respondent company, in circumstances, could be regarded as a 'person' performing functions in connection with affairs of Federation under Art. 199(1)(a)(ii) read with Art. 199(5) of the Constitution---High Court had jurisdiction to exercise judicial powers in subject affairs of respondent company under the Constitution and constitutional petition was maintainable---Objection was rejected accordingly. Abdul Wahab and others v. HBL and others 2013 SCMR 1383; Salahuddin v. Frontier Sugar Mills and Distillery Ltd. PLD 1975 SC 244; Aitcheson College, Lahore through Principal v. Muhammad Zubair PLD 2002 SC 326 and Pakistan International Airlines v. Tanweer-ur-Rehman PLD 2010 SC 676 rel. (b) Constitution of Pakistan--- ----Arts. 9, 25 & 199---Constitutional petition---Appointments, regularization of---Terms and Conditions of Service---Scope---Petitioners were contract employees with respondent company who sought regularization of their service as per terms of advertisement---Validity---Regularization of employees was not part of terms and conditions of service of employees but it depended upon length of service---Petitioners approached High Court for regularization of service when they had no legal remedy for enforcement of their Fundamental Rights particularly those enshrined under Arts. 9 & 25 of the Constitution---High Court directed Chief Executive Officer/competent authority of respondent company to consider cases of petitioners for regularization of…

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