Law:

Section:

Constitution of Pakistan (1973)-- -- F. R. No. 17 read with Pakistan Essential Services (Main­tenance) Act (LIII of 1952), S. 5-Right of strike-Law in Pakistan within framework of Constitution, held, does not permit right to strike work in case of Essential Service. United States Jurisdiction (1965) 323 US 516 and Halsbury's Laws of England, 2nd Edn., Vol, VI, para. 437, item 4 ref. Syed Raza Kazin: for Petitioner. ORDER The petitioner is a Civil Accounts Association of the Auditor General's Office. It is aggrieved by actions taken against some of the members by getting cases registered under the provisions of Essential Services (Maintenance) Act, 1952; by initiating proceedings against a few others under the Government Servants (Efficiency and Discipline) Rules, 1973, followed by punishments including dismissal thereunder. 2. The Association challenges the actions taken against its members on the ground that an individual has a right in law to claim civil posts if otherwise found fit for it and to continue on that post as long as not found unfit or otherwise undesirable in public interest to hold it. On the basis of various Fundamental Rights of which a mention will follow it is claimed that the petitioner has a right to associate and that right also includes a right to strike work and the freedom of speech and assembly entities it to seek avenues other than official or prescribed for getting acceptance of the service demands and the discrimination that has taken place in winning over some of its members, in warning few others, in suspending and dismissing others and in launching criminal prosecution against the remaining for the same actions and conduct is clearly violative of the right to equality. Reliance is placed on Fundamental Right No. 11 prohibiting slavery and forced labour, Fundamental Right No. 16 freedom of assembly. Fundamental Right No. 17 freedom of speech, Funda­mental Right No. 25 equality of citizens. 3. The right of the petitioner to form service association is the subject-matter of another petition and it will not be considered in this petition. There is an association and the members of the association have been dealt with in the matter…

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