Law:

Section:

(a) Constitution of Pakistan, (1973)- -- Art. 199 and Provisional Constitution Order (P. O. 1 of 1981), Art. 9---Writ jurisdiction-Whether invokable by employees of statutory body such as National Bank of -Pakistan­-Criteria-(I) Whether statutory body performs functions of state involving exercise of any sovereign or public power ; (2) whether Government substantially controls such body and (3) whether funds of such body provided by Government-National Bank of Pakistan not fulfilling these criteria hence its emp­loyees, held, not entitled to invoke Constitutional jurisdiction for redress of grievance arising out of terms and conditions of service. Muhammad Abdullah Khan v. National Bank of Pakistan 1980 P L C (C. S.) 105 ; Salahuddin v. Frontier Sugar Mills and Distillery P L D 1975 S C 244 ; Muhammad Aslam v. National Shipping Corporation P L D 1979 Kar. 246 and R. T. H. Janjua v. National Shipping Corporation P L D 1974 S C 146 ref. (b) National Bank of Pakistan Staff Rules, 1981- --- Compulsory retirement-Vice-President of National Bank being removable by Board of Directors his remuneration paid byte Bank and appointment made by Board of Directors-Regulations governing conditions of service framed by Bank-Writ petition against retirement order, held, not maintainable--Constitution of Pakistan, (1973), Art. 199 and Provisional Constitution Order,. (P. O. 1 of 1981), Art. 9. Manzoor Ali Khan for Petitioner. ORDER ABDUL HAYEE KURESHI, ACTG. C. J.-This petition under Article 9 of the Provisional Constitution Order, 1981 has been filed by Abdul Ghani Sayeed, who at all relevant times was Vice-President in the concern of the respondent, namely, the National Bank of Pakistan. It seems that an inquiry was held against the petitioner on charges of misappropriation and he was found guilty and was compulsorily retired. The point that has engaged our attention is in regard to. maintain­ability of this petition. Admittedly the petitioner is not in civil service of Pakistan but he is an employee of an incorporated body, namely, National Bank of Pakistan. The learned Advocate was confronted with the situation arising out of the circumstances of the petitioner being an…

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