Law:

Section:

(a) Provisional Constitution Order (1 of 1981)-- Art. 9(1) (a) (ii)-"Aggrieved person"-Person claiming relief under Art. 9 has to be aggrieved person-Order of transfer of employee of statutory body alleged to have been passed by authority not competent to do so--Constitutional petition under Art. 9, held, maintainable irrespective of circumstance that service of petitioner was contractual in nature and regulated by law of master and servant. R. T. H. Janjua v. National Shipping Corporation P L D 1974 S C 146; Evacuee Trust Property Board and another v. Muhammad Nawaz N L R 1980 Service 154; Akbar Ali Bokhari v. State Batik of Pakistan etc. P L D 1977 Lah. 234 ; Maqbool Elahi and others v. Abdur Rehman.Khan etc. P L D 1960 S C 266 and Ijlas Ahmad Siddiqui v. The Municipal Committee, Multan etc. P L D 1967 Lah. 408 ref. (b) Provisional Constitution Order (1 of 1981)--- -- Art. 9-Employee of statutory body-Post of such employee not abolished but only down-graded-Transfer-Employer under service Rules in a position to offer employee down-graded post with all consequences of decreased status, pay, emoluments or transfer him with same status to any other office-Held, petition of employee under Art. 9, Provisional Constitution' Order, 1981 was not infructuous on mere ground of non-availability of post equivalent to present status of such employee-High Court not restrained from issuing declaration prayed for in Constitutional petition. Pakistan v. Khondkar Ali Afzal and another P L D 1960 S C 1 ref. (c) Hydrogenated Oil Industry (Control and Development) Act (LXV of 1973)--- S. 6-A (5) (b)-Words "Management" and "administration of affairs of establishment"-Meaning and scope-While construing a provision of a statute each word to be given a meaning-Management of establishment ceasing to vest in Corporation and transferred to Board of Directors of establishment-Word "Management" not confined to management of business. of establishment alone but includes within its ambit management of affairs of personnel as well-Employees of establishment cannot be separated from management of establishment-Held, management of affairs of employees also ceased to vest in Corporation and…

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