| Citation(s) |
|---|
| 1995 SLG 1530 1995 SLD 1530 1995 PLC 988 |
Sindh High Court
Constitutional Petitions Nos. 310 of 1993, D-1486 of 1991, D-61 and D-62 of 1992, decided on 1st December, 1994.
ABDUL RAHIM KAZI AND MRS. MAJIDA RAZVI, JJ
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Constitutional Petitions Nos. 310 of 1993, D-1486 of 1991, D-61 and D-62 of 1992, decided on 1st December, 1994.
ABDUL RAHIM KAZI AND MRS. MAJIDA RAZVI, JJ
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GHULAM NABI SHAH and others
VS
PAKISTAN INTERNATIONAL AIRLINES CORPORATION, KARACHI through its Managing Director and another
Law:
Section:
Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985--- ----Reglns. 75 & 89---Martial Law Regulation (C.M.L.A.'s) No. 52, para. 11--Constitution of Pakistan , (1973), Art. 199---Termination of service of employees---Employees' services were governed by provisions of Pakistan International Airlines Corporation Employees (Service and Discipline) Rules, 1985---No reasons were assigned and no show-cause notice was. issued while terminating employees services---Subsequently, Review Board was constituted which recommended re-employment, of - employees---Employees rejoining service but insisting counting of their past service---Entitlement---Review Board was constituted by Competent Authority and it recommended in clear and unambiguous terms and on basis thereof, Government issued directions to Authority (P.I.A.) to re-employ its terminated employees---No question arose as to any void order or that order directing re-employment had been passed in excess of powers conferred on such Authority---There being no void order or order in question having been passed in excess of jurisdiction, Constitutional petition by employees against their re-employment itself was not competent in circumstances. S. Sharif Ahmad Hashmi v. Chairman, Screening Committee, Lahore and another 1978 SCMR 367; Shabih-ur-Raza v. Superintendent of Police, Crimes Branch and others 1981 PLC (C.S.) 641; Imtiaz Bashir v. Special High Powered Committee, Government of Balochistan and 4 others PLD 1978 Quetta 131; Yousuf Ali Mullah Noor Bhoy v. The King PLD 1949 PC 108; Crane v. Director of Police Prosecution (1921) 2 AC 299; Mir Sultan v. Punjab Labour Appellate Tribunal and others 1989 CLC 1495 and Yousaf Ali v. Muhammad Aslam Zia and 2 others PLD 1958 SC (Pak.) 104 ref. Manzoor Ali Khan and Nooruddin Sarki for Petitioners. S. Ali Kazim, Khalid Hamid and Amir Malik for Respondent No.l. Date of hearing: 7th September, 1994 JUDGMENT MRS. MAJIDA RAZVI, J: --By this common judgment we intend to dispose of C.P. No.1486/91, (Capt. M. Ahmed v. PIAC), C.P. No.61/92, (Bandeh Ali v. PIAC), C.P.No.62/92, (Aftab Ahmed v. PIAC) and C.P. No.310/93 (Ghulam -Nabi Shah v.…
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