Case Details

Citation(s)
1980 SLG 3087 = 1980 SLD 3087 = 1980 PLD 337
Lahore High Court
Writ Petition No. 1009 of 1979, decided on 21st November 1979.
Presented By: Gul Muhammad Khan, J
Nazir Ahmad v. Emperor A I R 1936 P C 253 and Chairman, District Screening Committee v. Sharif Ahmad Hashmi P L D 1976 S C 258 ref. M. Nawaz Kasuri for Petitioner. Tanvir Ahmad Khan for A. A.G. for
Respondents Nos. 1, 3 and 4. Sh. Ghias Muhammad and Abbas Ali Khan for
Respondents Nos. 2, 5 and 6.

HABIBULLAH-Petitioner

VERSUS

GOVERNMENT OF THE PUNJAB AND 5 others Respondents

Law: Constitution of Pakistan, 1973

Section: 199

(a) Punjab Small Industries Corporation Ordinance (XVIII of 1972) S. 11(2)Small Industries CorporationLegal developments. (b) Constitution of Pakistan (1973)  Art. 199 read with Punjab Small Industries Corporation Act (XV of 1973), Ss. 18 & 27Removal from serviceConstitutional .petition MaintainabilityPunjab Small Industries Corporation  A person performing functions in connection with affairs of a province Employees of CorporationNot governed by law of master and servantConstitutional petition, held, maintainable.[Master and servantCivil service]. R. T. H. Janjua v. National Shipping Corporation P L D 1974 S C 146; Akbar Ali Bokhari v. State Bank of Pakistan P L D 1977 Lah. 234 ; Salahuddin v. Frontier Sugar Mills P L D 1975 S C 244 and AjnumaneAhmadiya v. Deputy Commissioner, Sargodha P L D 1966 S C 639 ref." (c) Constitution of Pakistan (1973)  Art. 199Employment on contractChange of terms and conditionsEmployment though could be made on basis of contract and action on agreed terms unexceptionable yet employment in order to rely on such plea, must start on basis of an agreement and be not intervened by some statutory provisionsChange of terms and conditions of service to disadvantage of employee of Government or statutory Corporation already in employment, held, cannot be permitted through a mutual agreement same being against public policyNo question of waiver or acquiescence in circumstances, held, arises.[Civil service]. Muhammad Nazir Chaudhry v. W. P. S. 1. C. W. P. No. 1985S of 1978; West Pakistan Province v. Jamshed Miran P L D 1965 Lah. 729 ; Faizullah Khan v. Government of West Pakistan P L D 1962 Lah. 840 and Ghularn Sarwar v. Pakistan P L D 1962 S C 142 ref. E. A. Evans v. Muhammad Ashraf P L D 1964 S C 536 fol. (d) Punjab Small Industries Corporation Ordinance (XXIX of 1972)  S. 16(2)Decision by circulating matter to membersLaw providing for doing of a particular thing in a particular way all other modes prohibitedNo other mode for taking decision except one by Board in a meeting provided by lawDecision taken by circulation of matter to members of Board individually, held, illegal. Dates of hearing : 10th, 14th, 17th,…
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