Law: Companies Act, 2017

Section: XIX,186

Law: Public Sector Companies (Corporate Governance) Rules, 2013

Section: 5(2)

Law: Public Sector Companies (Appointment of Chief Executive) Guidelines, 2015

Section: II

Law: State-Owned Enterprises (Governance and Operations) Act, 2023

Section: 18

Law: Constitution of Pakistan, 1973

Section: 199

(a) Companies Act (XIX of 2017)-------S.186---Public Sector Companies (Corporate Governance) Rules, 2013, R.5(2)--Public Sector Companies (Appointment of Chief Executive) Guidelines, 2015, Sched.-II---State-Owned Enterprises (Governance and Operations) Act (VII of 2013), S.18---Constitution of Pakistan, Art.199---Constitutional Petition--Maintainability---Non-statutory rules of service---Petitioner, Chief Executive Officer of Peshawar Electric Supply Company, challenged the company's order for the appointment of respondent against his post---Main objection to the maintainability of this petition was that the respondent-company had got no statutory rules of service governing the terms and conditions of its employees---In the instant case, appointment to the office of CEO PESCO had been questioned--Appointment to such office was governed by statutory instruments and the appointing authority was the Federal Government---Appointment of the petitioner was issued through Notification dated 06-09-2022 after the approval of the Federal Cabinet by the Ministry of Energy Power Division, Government of Pakistan, which was subsequently superseded vide Notification dated 12.01.2023 issued by the same Ministry appointing, respondent as CEO, on stopgap arrangement, purely on temporary basis till further order---At the relevant time, the Companies Act, 2017, read with the Public Sector Companies (Corporate Governance) Rules, 2013, read with Public Sector Companies (Appointment of Chief Executive) Guidelines, 2015 and the State-Owned Enterprises (Governance and Operations) Act, 2023, were governing the terms and conditions and method of appointment to such post---All these rule were framed and notified by the Federal Government---In view thereof, High Court had necessary Jurisdiction to entertain and adjudicate upon the matter in hand.Pakistan Electric Power Company v. Syed Salahuddin and others 2002 SCMR 991; Muhammad Tufail v. Abdul Ghafoor and others PLD 1958 SC 201; Selling of National Assets including PLA at Throwaway Price 2019 SCMR 1952; Muhammad Yasin v. Federation of Pakistan PLD 2012 SC 132; Secretary to Government of the Punjab, Communication and Works Department,…

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