| Citation(s) |
|---|
| 1984 SLG 229 1984 SLD 229 1984 PLD 75 |
Supreme Court of Pakistan
Civil Appeal No. 35-P of 1975, decision dated: 8-11-1983.
MUHAMMAD HALEEM, ACTGC.J., SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
J. D. Akbarji, Advocate-on-Record for Appellant. Raze A. Khan, Deputy Attorney-General and Amirzada Khan, Assistant Advocate-General.
Civil Appeal No. 35-P of 1975, decision dated: 8-11-1983.
MUHAMMAD HALEEM, ACTGC.J., SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
J. D. Akbarji, Advocate-on-Record for Appellant. Raze A. Khan, Deputy Attorney-General and Amirzada Khan, Assistant Advocate-General.
NURUL HAQ
VS
ISLAMIC REPUBLIC OF PAKISTAN THROUGH SECRETARY, ESTABLISHMENT DIVISION AND another
Law:
Section:
(a) Constitution of Pakistan (1973)-- Art. 185(3)-Removal from Service (Special Provisions) Regulation, 1972 [C. M. L. A.'s No. 114], para. 2(c)-Employees of Cooperative Bank-Leave to appeal granted to employee of Co-operative Bank to consider question whether such person was in "Government service" or "a person in Corporation service" when he was retired from service as Manager of Co-operative Bank in exercise of power conferred by M. L. R. No. 114.-[Civil service]. Link (b) Removal from Service (Special Provisions) Regulation, 1972 -- No. 114, para. 2(c)-Co-operative Societies Act (VII of 1925), Ss. 72, 72-A, 10, 23 & 68-Constitution of Pakistan (1973), Art. 269-Provisional Constitution Order (1 of 1981), Art. 15-Scope of sections Employee of Co-operative Bank-Whether a "person in Government service" or "a person in .Corporation service"-Co-operative Society neither "a Corporation set up or established by any law for time being in force" nor "an institution set up or established by Central Government or a Provincial Government or by any law" as given in M. L. R: No. 114-Word "Corporation" as used in M. L. R. No. 114 refers to Corporations formed by and under Special Statutes, Central or Pro. vincial Government Department undertakings, Government companies under Companies Act, 1913 with Special Articles and Memorandum Establishments, Institutions, Companies and Corporations not falling under such categories but under statutory control of Government or of its functionaries fall outside definition of Corporation given in M. L. R. No. 114-Employee of Bank, held, was not a person in service of "Corporation" and hence not amenable to action under M. L. R. No. 114-Actions taken or order made without jurisdiction, mala fide or coram non judice would not be saved in spite of various validating provisions in circumstances.-[Civil service]. A co-operative society is not a Corporation set up or established by any law for the time being in force. It is also not an institution set up or established by the Central Government or a Provincial Government or by any law. It becomes a body corporate under section 23 of the Co-operative Societies Act on being registered under…
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