Case Details

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.

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…
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