Law: Constitution of Pakistan, 1962

Section: 98,(2)(a)(i), 177

Law: Economic Reforms Order, 1972

Section: 4

(a) Constitution of Pakistan (1962) Art. 98,(2)(a)(i) and Economic Reforms Order (P. O. 1 of 1972), Art. 4-Expression "person performing in the Province functions in connection with the affairs of the Centre, Province or local authority"-Managing Director appointed under Art. 4 of President's Order No. 1 of 1972-Performs functions in connec tion with affairs of the Federation. Where the question was as to what is the status of a Managing Director appointed under Article 4 of the Economic Reforms Order. 1972. Held : Clause 3 of Article 4 of the Economic Reforms Order, 1972, lays down that the Managing Director shall hold his office during the pleasure of the Central Government, and shall, in the discharge of his functions be subject to such orders and directions as the Central Government may from time to time give in writing. It means that virtually he is to function under the direction and control of the Central Government. The affairs of the concern have to be managed and controlled by the Managing Director who is appointed by the Central Government. It is true that he has to administer the affairs of the private concern taken over by the Central Government but his status and position has to be examined in context of the control and discipline under which he has to carry out his duties. His appointment has been made by the Central Government and he has to work in accordance with the directions and orders made by the Government. In other words the Central Government through him is entrusted with the proper administration of the concern under the appro priate law. He was directly answerable to the Central Government for the performance of his functions. Even, under Development of Industries (Federal Control) Ordinance, 1972, the Central Government is directly concerned with the manage ment of the affairs of the industries already taken over by it. The word `Federal Control' as used in the Ordinance of 1972, also shows that the industries covered by the same have been and are under the control of the Central Government. It may be mentioned that the Ordinance of 1972 was in addition to the Economic Reforms Order as provided by section 4 of the…