Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---Constitutional petition---Civil Service---Non-statutory rules---Relationship of master and servant---Petitioners were employees of National Insurance Company who assailed their dismissal from service---Plea raised by petitioners was that they had sought enforcement of fundamental rights and principles of natural justice---Validity---If Constitutional petition was filed for enforcement of any fundamental right against a Limited Company owned by Government and engaged in discharge of any public duty, then it could be maintained and High Court in given facts and circumstances of a particular case could exercise its jurisdiction in terms of Art. 199 of the Constitution--- Such function test was limited to a petition filed under Art. 199 of the Constitution by an employee against companies owned and operated by Government in respect of its terms and conditions of service---In absence of any statutory rules of employment, principle of master and servant was to apply---No statutory rules were available of insurance company regulating employment, therefore, petition was not maintainable before High Court under Art.199 of the Constitution---Petitioners were at liberty to seek any other appropriate remedy as could be available to them in accordance with law---Constitutional petition was dismissed, in circumstances. Muhammad Aslam v Federation of Pakistan and others (C.P No.D-5833 of 2021) and Sui Southern Gas Company Limited v. Saeed Ahmed Khoso and another (Civil Appeal No. 1477 of 2021) ref. Principal Cadet College, Kohat and another v. Mohammad Shoaib Qureshi PLD 1984 SC 170; Pakistan International Airline Corporation v. Tanveer-ur-Rehman PLD 2010 SC 676; Pakistan Telecommunication Co. Ltd., v. Iqbal Nasir PLD 2011 SC 132 and Pakistan Electric Power Company v. Syed Salahuddin 2022 SCMR 991 rel. JUDGMENT MUHAMMAD JUNAID GHAFFAR, J.----The Petitioners were employees of Respondent No.3 i.e. National Insurance Company Limited and are aggrieved by their respective dismissal orders passed by the said Respondent. Today, at the very outset, learned Counsel appearing on behalf of Respondent No.3 has raised an objection as to…

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