Law:

Section:

Karachi Port Trust Act (VI of 1886)--- ----Ss. 32 (2), 34, 41, 43 & 43-A---Constitution of Pakistan (1973), Art. 199--­Authority proposing and negotiating to transfer certain berths of dockyard to respondent under a proposed contract---Validity---Petitioners (a registered Union) challenging proposed contract being inconsistent with provisions of Karachi Port Trust Act, 1886 and against interests of petitioners---Prima facie, it could not be presumed that Authority's Board of Trustees would violate any of the provisions of Karachi Port Trust Act, 1886 or for that matter would ignore those provisions, for enough safeguard had been provided in the Act itself to see that the acts were done in accordance with the provisions of the Act---Provisions of Karachi Port Trust Act, 1886 provided that Board of Trustees of Authority was competent to carry out its duties through private agencies, subject to conditions laid down by law---Nothing was brought on record to show that Board of Trustees of Authority was exceeding from its powers---Terms and conditions of proposed agreement, had not yet been finalised, therefore, apprehensions of petitioners with regard to retrenchment of workers, change in their status, and change in terms and conditions. of their services, were ill-founded---Authority had maintained that no action prejudicial to the interest of workers would be taken and final agreement, if arrived at, would be approved by the Government--­Constitutional petition being without substance was not maintainable in circumstances. JUDGMENT NAZIM HUSSAIN SIDDIQUI, J.---The petitioners have filed this Petition against the respondents, under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, for the following reliefs:-- "It is, therefore, prayed that the Hon'ble Court may be pleased to restrain the respondents from continuing with their proposed acts of entering into BOT contract as per Annexure `B' to the Petition and further this Hon'ble Court may be pleased to declare that the impugned action of transferring Berths Nos. 14 to 17 of East Wharf of Karachi Port to private party and all acts incidental and ancillary thereto being proposed and acted upon…

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