| Citation(s) |
|---|
| 1987 SLG 244 1987 SLD 244 1987 SCMR 180 |
Supreme Court of Pakistan
Civil Petitions Nos. 617 and 657 to 660 of 1986, decision dated: 18-10-1986.(On appeal from the judgment and order of the Lahore High Court at Lahore, dated 28-5-1986 passed in Intra-Court Appeals Nos. 35, 36, 50, 42 and 35 of 1986)
MUHAMMAD AFZAL ZULLAH AND S. A. NUSRAT, JJ
S.M. Zafar, Senior Advocate Supreme Court assisted by S. Zahid Hussain, Advocate Supreme Court with Tanvir Ahmed, Asstt. A.G. Punjab and Rana Maqbool Ahmed Qadri, Advocate-on-Record for Petitioners. Haji M. Ghias, Senior Advocate Supreme Court assisted by
Civil Petitions Nos. 617 and 657 to 660 of 1986, decision dated: 18-10-1986.(On appeal from the judgment and order of the Lahore High Court at Lahore, dated 28-5-1986 passed in Intra-Court Appeals Nos. 35, 36, 50, 42 and 35 of 1986)
MUHAMMAD AFZAL ZULLAH AND S. A. NUSRAT, JJ
S.M. Zafar, Senior Advocate Supreme Court assisted by S. Zahid Hussain, Advocate Supreme Court with Tanvir Ahmed, Asstt. A.G. Punjab and Rana Maqbool Ahmed Qadri, Advocate-on-Record for Petitioners. Haji M. Ghias, Senior Advocate Supreme Court assisted by
GOVERNMENT OF PUNJAB and others
VS
Sh. AKBAR HUSSAIN and others
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Motor Vehicles Ordinance (XIX of 1965), S.70--Punjab Road Transport Board--Dissolution of--Scope legality and competency of Government powers with regard to Leave to Appeal granted inter alia to consider questions that whether S.70 of Ordinance (XIX of 1965) which enables Government to establish a Road Transport Board (Corporate Body) does not confer similar power on Government to dissolve/ abolish same inasmuch as section does not impose any obligation on Government, but merely enables it to establish such body; that whether High Court correctly decided that once Government establishes a corporate institution (the Board) through its executive fiat under an enabling provision of statute; it cannot bring Corporation to an end in like manner, through another executive fiat and whether a Board (Corporate Institution) of type contemplated by S.70 of Ordinance would, like a corporate aggregate, not come to an end when members constituting Board are no longer in existence. ORDER S.A NUSRAT, J.--This order will dispose of the above petitions which arise out of a common judgment of the Lahore High Court passed on Intra-Court Appeals of the respondents which were allowed and the judgment dated 14-1-1986 dismissing respondents' writ petitions was set aside. 2. The Punjab Road Transport Board, which was established by the Punjab Government under the Punjab Motor Vehicles Ordinance, 1965 was dissolved by a notification dated 9-5-1985 issued by the Governor of the Punjab and all its business, properties and assets etc. were vested in the Government. The officers and employees of the Board were placed in a surplus pool to be maintained by the Government of the Punjab for the purpose of payment of pay till their adjustment in other organizations considered suitable by the Government. The respondent claiming themselves to be adversely affected in the matter, as shown in the petitions, brought Constitutional Petitions in the High Court which were dismissed Ly a learned Single Judge of the High Court on…
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