| Citation(s) |
|---|
| 2011 SLG 571 2011 SLD 571 2011 CLC 368 |
Sindh High Court
Constitutional Petition No. D-820 and Misc. Nos. 12474, 5299 of 2009, decision dated: 4-11-2010
SHAHID ANWAR BAJWA AND TUFAIL H. EBRAHIM, JJ
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Constitutional Petition No. D-820 and Misc. Nos. 12474, 5299 of 2009, decision dated: 4-11-2010
SHAHID ANWAR BAJWA AND TUFAIL H. EBRAHIM, JJ
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OFFICERS ASSOCIATION T.C.P. through its GENERAL Secretary
VS
FEDERATION OF PAKISTAN through Secretary Commerce and others
Law: Constitution of Pakistan, 1973
Section: 199
Law: Constitution of Pakistan, 1973
Section: 199
Sacked Employees (Reinstatement) Ordinance (XI of 2009)--------Preamble---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Aggrieved person---Non-statutory rules---Petitioner was a registered association who claimed to be working for the rights of employees and officers working in Trading Corporation of Pakistan---Grievance of petitioner was that ex-employees of Rice Export Corporation of Pakistan and Cotton Export Corporation should not be inducted in Trading Corporation of Pakistan---Validity---Provisions of Sacked Employees (Reinstatement) Ordinance, 2009, conferred right on certain persons to be taken back in employment and did not restrict right of an employer to take any other person into his employment---No statutory rules were available in Trading Corporation of Pakistan, therefore, Constitutional petition was not maintainable---Petitioner association was not competent to maintain a Constitutional petition as it was not an aggrieved person in respect of any grievance, whether statutory or in respect of fundamental rights of any or all of its members---Petition was dismissed in circumstances. Pakistan International Airlines Corporation v. Tanveer-ur-Rehman PLD 2010 SC 303; Pakistan Steel Re-Rolling Mills Association v. Province of West Pakistan 1964 PLC 121 and Muntazima Committee, Al-Mustafa Colony, Karachi and 3 others v. Director Katchi Abadi Sindh and 5 others PLD 1992 Kar. 54 ref. Afroz Ilahi and 2 others v. Karachi Metropolitan Corporation and another 1990 MLD 828 and Sindh Graduates Association and another v. The State Bank of Pakistan and 2 others 1992 MLD 2238 distinguished. Democratic Workers' Union C.B.A. v. State Bank of Pakistan 2002 PLC (C.S.) 614 and Mutual Funds Association of Pakistan v. Federation of Pakistan through Secretary, Ministry of Finance, Government of Pakistan and another 2010 PLC 306 rel. Mir Afzal Khan for Petitioner. Muhammad Nawaz Shaikh for Respondents Nos. 4 to 11. ORDER SHAHID ANWAR BAJWA, J.---The petitioner is a registered association who claims to be working for rights of employees and officers working in the Trading Corporation of Pakistan, respondent No.2. Following reliefs have…
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