Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of High Court---Scope---Petitioners were employees of Pakistan Revenue Automation (Pvt.) Limited (PRAL), which was a corporate entity providing automation related services to Federal and Provincial Revenue Divisions / Departments---Petitioners sought regularization of their services---Validity---Rules of Business, 1973, framed under Art.99 of the Constitution did not show PRAL as an attached department of Revenue Division or Ministry of Finance----PRAL was a private limited company incorporated ordinarily under the provisions of Companies Ordinance, 1984---Employees of corporations created by statute automatically did not acquire status of Government servants---At no material stage names of petitioners were sent to the Cabinet Sub-Committee for regularization of their services so as to give them status of Government servants---Petitioners were not entitled to be given status of employees of Government department---PRAL Service Rules, 1998 as well as PRAL Service Rules, 2014 were non-statutory and service of petitioners was purely contractual in nature---Employees of company owned and controlled by Government could not invoke Constitutional jurisdiction of High Court for pressing into service their non-statutory terms and conditions of employment---Contractual obligations also could not be enforced by High Court in exercise of jurisdiction under Art.199 of the Constitution---Petitioners could not seek to place fetter on power of a company to undertake its indoor management---Petitioners could avail their remedy before competent forum as protection of terms and conditions of their service fell under labour laws---Constitutional petition was dismissed in circumstances. Imran Sajid v. Managing Director/General Manager, (Manager Finance) Telephone Industries of Pakistan 2015 SCMR 1257; Aamir Junaid v. Government of the Punjab through Chief Secretary 2014 PLC (C.S) 1; Muhammad Jameel v. Taluka Nazim, Taluka Municipal Administration Khairpur 2014 PLC (C.S.) 479; Muhammad Shoaib Roomi v. Secretary / Additional Secretary, Education Department, Government of Punjab 2005 SCMR 605; Ikram Bari and others…

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