| Citation(s) |
|---|
| 1997 SLG 914 1997 SLD 914 1997 PLC 653 |
Supreme Court of Pakistan
Civil Appeal No. 635 of 1994 and Constitutional Petition No.24 of 1993, heard on 12-06-1997. (On appeal from thejudgment dated 17-2-1993 of the Lahore High Court, Lahore,passed in Writ Petition No: 4790 of 1991).
AJMAL MIAN, ACTG. C.J., IRSHAD HASAN KHAN, MUHAMMAD BASHIR KHAN, JEHANGIRI, NASIR ASLAM ZAHID AND MUNAWAR AHMAD MIRZA, JJ
Civil Appeal No. 635 of 1994 and Constitutional Petition No.24 of 1993, heard on 12-06-1997. (On appeal from thejudgment dated 17-2-1993 of the Lahore High Court, Lahore,passed in Writ Petition No: 4790 of 1991).
AJMAL MIAN, ACTG. C.J., IRSHAD HASAN KHAN, MUHAMMAD BASHIR KHAN, JEHANGIRI, NASIR ASLAM ZAHID AND MUNAWAR AHMAD MIRZA, JJ
CIVIL AVIATION AUTHORITY, ISLAMABAD and othersvsUNION OF CIVIL AVIATION EMPLOYEES and another
Law:
Section:
(a) Pakistan Civil Aviation Authority Ordinance (XXX of 1982)S. 27Civil Aviation Authority Regulations, Reglns. 6.22 & 6.26ÂConstitution of Pakistan (1973), Arts. 17 & 185(3)High Court had found that employees of Civil Aviation Authority had a right to form a trade union and the restrictions placed upon by Reglns. 6.22 & 6.26 were ultra vires of Art. 17 of the Constitution of Pakistan (1973)Leave to appeal was granted to consider, whether the High Court was justified in granting the relief keeping in view the judgment of Supreme Court in the case of Haji Malik Muhammad Aman v. Federation of Pakistan (1993 SCMR 1837). Haji Malik Aman and 3 others v. Federation through Secretary, Ministry of Law, Justice and Parliamentary Affairs, Islamabad and another 1993 SCMR 1837 ref. (b) Constitution of Pakistan (1973) Art. 8(2)(3)Interpretation and scope of Art. 8(2)(3) of the Constitution of Pakistan. (c) Constitution of Pakistan (1973) Art. 17(1)(2)Interpretation and scope of Art. 17(1)(2) of the Constitution of Pakistan (1973). Clause (1) of Article 17 of the Constitution indicates that it confers on every citizen the right to form associations or unions, but this right is subject to reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality. Whereas clause (2) of the said Article confers on every citizen, not being in the Service of Pakistan, the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of two items specified therein, namely (a) the interest of the sovereignty; or (b) integrity of Pakistan. It also provides the mechanism whereby any political party, which has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, can be prevented from functioning by making a declaration to that effect and making reference in respect thereof within 15 days of such declaration to this Court. Rehmat Gill and another v. Quetta Cantonment Board PLD 1983 SC 133; Canteen Stores Department Employees Welfare Union, Karachi v. Canteen Stores Department and others 1983 SCMR 1101; The Controller,…
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