Law: Constitution of Pakistan, 1973

Section: 212

(a) Corporation Employees (Special Powers) Ordinance (XIII of 1978)--S. 3--Constitution of Pakistan (1973), Art. 212 (3)--Corporation employees-­ Removal from service--Leave to appeal was granted to examine various Provisions of Corporation Employees (Special Powers) Ordinance 1978 for determining jurisdiction and status of petitioner as employee of Corporation who was removed from service of the Corporation. (b) Corporation Employees (Special Powers) Ordinance (XIII of 1978)-­ ---Ss. 3 & 5--Constitution of Pakistan (1973), Arts. 240 & 260-Corporation employees--Service of Corporation declared to be "service of Pakistan" by provisions of S. 5 of Ordinance XIII of 1978--Effect on terms and conditions of Corporation employees--Corporation employees being not earlier to Ordinance XIII of 1978, in service of Pakistan, President could not exercise in respect of such employees any power relating to terms and conditions of their service. (c) Corporation Employees (Special Powers) Ordinance (XIII of 1978)-- - ---Ss. 3 & 5--Service Tribunals Act (LXX of 1973), S. 4--Constitution of Pakistan (1973), Art. 212(3)--Person not deemed to be a civil servant for purposes of Civil Servants Act or Service Tribunals Act--Jurisdiction of High Court relating to grant of relief to such person--Only that employee who has been dealt with, under provisions of S. 3 of Ordinance XIII of 1978, could seek relief from Service Tribunal--Where no action against employee of Corporation was taken under provisions of Ordinance XIII of 1978, such employee could not be deemed to be civil servant, either for purposes of Civil Servants Act 1973 or Service Tribunals Act, 1973--Constitutional remedy as provided under provisions of Art. 212, would not, therefore be a bar to petitioner seeking relief from High Court in its constitutional' jurisdiction--Questions whether petitioner was a statutory employee and whether protection available to him under law had been denied, would have to be determined in the first instance, by High Court. Mr. Qamar, Advocate Supreme Court and Mr. Faizanul Haq, Advocate-on-Record (absent) for Appellant. M. A. Siddiqi, Advocate-on-Record for Respondent. Date of…

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