Law:

Section:

(a) Provisional Constitution Order (1 of 1981)-- --Art. 9--Establishment of the Federal Bank for Co-operatives and Regulation of Co-operative Banking Ordinance (XL of 1976), S. 42-­Notification No. SOA (iv)144-20/78-Coop. 7193-95, dated 19th August, 1979--Termination of Services--Reinstatement through constitutional jurisdiction--Petitioner, employee of defunct bank, permanently absorbed in Bank and no contrary order passed by Provincial Government in relation to petitioner in terms of explanation (iv) to subsection (4) of S. 42 of Ordinance and notification, dated 19-8-1979 not applicable in case of employees already absorbed by Board of Directors including petitioner--No statutory service ruler; existing for petitioner's service which could be said to have been violated by order terminating his services--Termination order at most could be said to be illegal for which proper remedy lay in filing a suit for recovery of damages and not a constitutional petition for reinstatement--Constitutional petition dismissed in circumstances. (b) Establishment of the Federal Bank for Co-operatives and Regulation of Co-operative Banking Ordinance (XL of 1976)- ---S. 42(4)--Notification No.SO A(iv)1440-20/78-Coop.7193-95, dated 19-8-1979--Notification, vires of--Government, under S. 42(4) of Ordinance, having power to lay down terms and conditions for purpose of transfer of undertakings of dissolved banks and also having power to dispense with services of employees--Notification issued under said provision of law empowering banks to dispense with services of employees, held, was not ultra vires of Ordinance. Hirjina Salt & Chemicals (Pak) Ltd. Karachi v. The Union Council. Gharo and another, P L D 1972 Kar. 145; Haji Hashmatullah and 9 others v. Karachi Municipal Corporation and 3 others P L D 1971 Kar. 514 and United Industrial Bank, Ltd. v. (i) Mohan Bashi Saha (ii) The Central Bank of India Ltd. P L D 1959 S C 296 ref. (c) Interpretation of statutes-- --- Rules--Rule in deviation of main provision of statute or in conflict with or defeating object of Statute, held, could not be relied upon and would be void on account of being repugnant to main statute. (d) Provisional…

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