| Citation(s) |
|---|
| 1994 SLD 772 = 1994 CLC 1275 |
Lahore High Court
Writ Petition No. 13117 of 1993, decided on 6th February, 1994.
Presented By: Before Malik Muhammad Qayyum, J
Muhammad Sharif Chaudhry for Petitioner. Faqir Muhammad Khokhar, Deputy Attorney-General for Pakistan for
Respondent.
Writ Petition No. 13117 of 1993, decided on 6th February, 1994.
Presented By: Before Malik Muhammad Qayyum, J
Muhammad Sharif Chaudhry for Petitioner. Faqir Muhammad Khokhar, Deputy Attorney-General for Pakistan for
Respondent.
MUHAMMAD SHAFI IJAZ---Petitioner
VERSUS
THE BOARD OF GOVERNORS, PAKISTAN ADMINISTRATIVE STAFF COLLEGE, LAHORE through Its Principal---Respondent
Law: Societies Registration Act, 1860
Section: 1 , 3 , 199
Societies Registration Act (XXI of 1860)--- ----Ss. 1 & 3---Constitution of Pakistan (1973), Art. 199---Employee of Pakistan Administrative Staff College was compulsorily retired from service--Validity---Pakistan Administrative Staff College being a society registered under Societies Registration Act, 1860, its employees were neither servants of State nor of a statutory corporation---Service Regulations, thereof, having been framed in exercise of powers vested in Board of Governors, did not have any statutory force, therefore, no Constitutional petition could be maintained for violation of said Regulations---Employee in a Society registered under Societies Registration Act, 1860 was governed by the principle of master and servant and in case of any violation of any rule or regulation, no Constitutional petition could be maintained.---[Master and servant]. The Principal, Cadet College, Kohat and another v. Muhammad Shoab Qureshi PLD 1984 SC 170; Ch. Muhammad Ibrahim Haleem Chishti v. Pakistan Council of Scientific and Industrial Research and another 1980 SCMR 831 and Sabhajit Tewery v. Union, of India and others AIR 1975 SC 1329 rel. Muhammad Sharif Chaudhry for Petitioner. Faqir Muhammad Khokhar, Deputy Attorney-General for Pakistan for Respondent. Date of hearing: 6th February, 1994. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 arises out of a service dispute. The petitioner, who was working as Protocol and Transport Officer in the Pakistan Administrative Staff College, Lahore was compulsorily retired from service by the respondent on 31-10-1989. He challenged that termination by filing a Constitutional Petition (W.P. No. 9607/93) which came up for hearing before a learned Single Judge of this Court on 24-8-1993, when a representative of the respondent appeared and indicated his willingness to hear the petitioner in order to redress his grievance. That petition was accordingly disposed of. As nothing appears to have been done thereafter by the respondent, the petitioner has approached this Court again by…