Law: Punjab Essential Services (Maintenance) Act, 1958

Section: 7

Law: Constitution of Pakistan, 1973

Section: 5(2),189

Punjab Essential Services (Maintenance) Act (XXXIV of 1958)--- ----S.7---Constitution of Pakistan, Art.189---Strike by doctors and health providers---Petitioner was aggrieved of going on strike by doctors, nurses, paramedics and other health providers who were aggrieved of draft of a legislation yet to be passed by legislators---Validity---Strike of doctors, nurses, paramedics and allied service providers was uncalled for because ordinance against which they were observing strikes was not implemented and draft legislation had been submitted before Provincial Assembly in which all authorities and stakeholders would be heard by concerned committee---Young doctors, nurses, paramedics and allied service providers were subject to provisions of Punjab Essential Services (Maintenance) Act, 1958 and same prohibited government servants/employees from absenting themselves from work---Criminal liability was imposed under S.7 of Punjab Essential Services (Maintenance) Act, 1958 by providing that person guilty of breach of provisions of Punjab Essential Services (Maintenance) Act, 1958 was punishable with imprisonment for a term which could be extended to one year with fine---Doctors/Nurses/ Paramedics and allied service providers had no legal justification to go on strike---High Court declared that stakeholders, whose life and profession was to be effected through draft legislation, needed to be consulted and their objections were necessary to be taken by concerned authorities---High Court further directed that concerned authorities were free to take stern action against any person who would continue strike because same violated Constitution, law and s of Supreme Court which were binding on them under Art.189 of Constitution. PMDC v. Fahad Malik 2018 SCMR 1956 rel. President Balochistan High Court Bar Association and others v. Federation of Pakistan and others 2012 SCMR 1784; Government of N.W.F.P. through Chief Secretary and another v. Dr. Hussain Ahmad Haroon and others 2003 SCMR 104; Shakeel Akhtar and others v. M.S. Mental Hospital and others 2000 SCMR 71; Mujeeb Ullah Gharsheen and another v. Government of Balochistan through Chief Secretary and 3 others 2016 PLC…

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