Law: Motor Vehicles Act (IV of 1939)

Section: 43-A (2)

Law: Constitution of Pakistan, 1962

Section: 177,178,234(1)

Law: Punjab Road Transport Board Removal of Undesirable Employees Ordinance, 1965

Section: 3

  (a) Motor Vehicles Act (IV of 1939)-------   -----S. 43-A (2)-Person initially appointed by Provincial Government as employee of Lahore Omnibus Service but continuing to serve successively Punjab Trans port Board, West Pakistan Transport Board and Road Transport Corporation-Not Government servantConstitutional protection afforded to civil servants not available to such employee-Expression "all persons . . . . shall be deemed during period of such employment to be public servants" in S. 43-A (2)-Persons to be deemed public servants for purposes of Penal Code, 1860 only- Constitution of Pakistan (1962), Arts. 177, 178 & 234 (1)-Motor Vehicles (West Pakistan Amendment) Ordinance (XI of 1963), S. 2-Road Transport Corporation (West Pakistan) Removal of Undesirable Employees Ordinance (VIII of 1965), S. 3 read with Circular Notice No. T. D./Estt./Gen./1957, dated 13-765.   Rana Muhammad Jamil v. Road Transport Board, Lahore P L D 1957 Lah. 1 ref.   (b) Road Transport Corporation (West Pakistan) Removal of Undesirable Employees Ordinance (VIII of 1965)------   ----S. 3-Not ultra vires. East and West Steamship Co. v. Pakistan P L D 1958 S C (Pak.) 41 ref.   (c) Interpretation of statutes-------   ----Word undefined in statute- Carries its ordinary dictionary meaning.   (d) Road Transport Corporation (West Pakistan) Removal of Undesirable Employees Ordinance (VIII of 1965)-----   -----S. 3-Word "undesirable"-Carries ordinary dictionary meaning.   Date of hearing: 30th November 1965.    ORDER   MUHAMMAD GUL, J.-In April 1947, the petitioner joined service as a Fitter in the Lahore Omnibus Service, which was then being run by the former Government of the Province of the Punjab. Therefore, there appears to be no doubt that the petitioner was initially appointed by the Provincial Government and as such had the status of a Government servant.   Later, in the year 1952, the Punjab Transport Boardwas created under section 43-A of the Motor Vehicles Act, 1939, which on the establishment of the Province of West Pakistan in 1956, was replaced by the West Pakistan Road Transport Board.…