Law: Constitution of Pakistan, 1973

Section: 260

(a) Corporation Employees (Special Powers) Ordinance (XIII of 1978)--Preamble & Ss. 2, 3, 4 & 5--Service Tribunals Act (LXX of 1973), S. 4-- Purpose and scope of the Ordinance--Expressions "persons in Corporation' service" and "set up, established, managed or controlled by the. Federal Government"--Meaning, scope and import of--Employees of Corporation, their status, whether of civil servants--President's powers to remove or revert to a lower post or grade in the public interest relating to those Corporation employees who were appointed or promoted during specified period--Remedy of representation against removal or reversion--Every person in Corporation service deemed to be a civil servant for the purpose of Service Tribunals Act, 1973.-­[Words and phrases]. A reading of the preamble of Ordinance XIII of 1978 makes it abundantly clear that the purpose of enacting the Ordinance was to invest the President with certain powers in respect of Corporation service which he did not possess before its promulgation. "Person in Corporation service" is defined in section 2 to mean every person who is in the employment of a Corporation or an institution set up, established, managed or controlled by the Federal Government' and includes the Chairman and the Managing Director of, and the holder of any other office in such Corporation or institution. There cannot be any doubt that the word "corporation" refers to statutory corporation or such institutions which are qualified the words "set up, established; managed or controlled by the Federal Government". It seems clear that the purpose for enacting the Ordinance was to treat persons in Corporation service or such institutions as were set up, established, managed or controlled by the Federal Government at par with the civil servants in regard to the exercise by the President of the power of removal from service or reversion to a lower post or grade. Section 3 of the Ordinance contains a non obstante clause namely: "Notwithstanding anything contained in any law for the time being in force, or in the terms and conditions of service", purposely designed to remove any impediment created by any law governing the terms anti…

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