Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Master and servant---Constitutional petition filed by an employee of Utility Stores Corporation of Pakistan (Pvt.) Ltd. ('USCP') with respect to his terms and conditions of service---Maintainability---Petitioners were employees who were dismissed from service by the USCP in wake of their conviction by the Accountability Court---Petitioners' acquittal by the Appellate/High Court had caused a dispute between the USCP and them qua their service as the USCP refused to permit the petitioners to join their duties---Petitioners invoked constitutional jurisdiction of the High Court contending that they were not dismissed from service in accordance with or by resorting to the procedure prescribed in the said Utility Stores Corporation of Pakistan (Pvt.) Ltd. Service Rules, 1981 but solely due to their conviction by the Accountability Court---Validity---Utility Stores Corporation of Pakistan (Pvt.) Ltd. Service Rules, 1981, had not been made by the Federal Government but by the Board of Directors of USCP pursuant to the provisions of its Memorandum and Articles of Association---Said rules had not been made in exercise of any statutory powers and the same contained relevant chapter titled "Efficiency and Discipline Rules" providing an elaborate mechanism for conducting disciplinary proceedings against employees of the USCP---Since the Utility Stores Corporation of Pakistan (Pvt.) Ltd. Services Rules, 1981, were non-statutory in nature, the relationship between USCP and the petitioners was governed by the principle of 'master and servant' and therefore, the petitions filed by the petitioners were not maintainable---Constitutional petitions were dismissed, in circumstances. Pakistan International Airline Corporation v. Tanweer-ur-Rehman PLD 2010 SC 676; Pakistan Airline Pilots Association v. Pakistan International Airline 2019 SCMR 287; Khalid Zamir Rasib v. Province of the Punjab 2021 PLC (C.S.) 994 and Noor Ullah Saeed v. Utility Stores Corporation of Pakistan (Pvt.) Ltd. (Writ Petition No.3293/2021) ref. JUDGMENT MIANGUL HASSAN AURANGZEB, J.----Through this judgment, I propose to decide Writ Petitions Nos.3732/2019 and 290/2020…

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