Law: Constitution of Pakistan, 1973

Section: 199

(a) Pakistan International Airlines Corporation (Conversion) Act (XV of 2016)--- ----S. 3---Constitution of Pakistan, Art. 199---Pakistan International Airlines Corporation (PIAC)---Constitutional petition filed against PIAC by legal heirs of an employee to avail financial and other benefits available to the legal heirs of deceased employees---Maintainability---Majority shareholding of PIAC lies with the Federal Government and thereby ultimate control through the Board of Directors vests in the latter---Resultantly constitutional petition filed by the wife of deceased employee was maintainable against PIAC. Salahuddin v. Frontier Sugar Mills and Distillery Ltd. PLD 1975 SC 244 ref. (b) Pakistan International Airlines Corporation (Conversion) Act (XV of 2016)--- ----S. 3---Constitution of Pakistan, Art. 199---Pakistan International Airlines Corporation (PIAC)---Administrative order issued by PIAC relating to compensation package for legal heirs of its employees who died in service---Whether such compensation package could be enforced through the constitutional jurisdiction of the High Court---Held, that the compensation package constitutes or constituted a firm commitment by PIAC to the legal heirs of its deceased employees---Death of the respondents husband occurred at the time when the said package was validly in existence---Consequently, as no other conditions had to be established (the relationship of the respondent with the deceased employee is not in issue) the respondent acquired a vested right to receive the benefits specified in the said package---Question whether the said package can be enforced by the (High) Court is irrelevant when PIAC itself had not opposed the entitlement of the respondent---Petition for leave to appeal was disposed of with the direction that PIAC shall decide the pending application of the respondent, whereby she claimed benefit under the compensation package. ORDER UMAR ATA BANDIAL, J.---The respondents husband joined service in the petitioner-Corporation PIAC in the year 2011. He met with a car accident on 15.07.2014 and died as a result thereof. A week prior to his accident and death the petitioner had enforced its…

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