Law:

Section:

Constitution of Pakistan (1973)--Arts. 199 & 185(3)---Transfer of Managed Establishments Order (12 of 1978), Art. 4---Constitutional petition under Art. 199 of the Constitution before High Court---Maintainability---Transfer of shares and proprietary interests of taken-over industry by Privatization Commission and further negotiations with respondent who had given the highest bid---Validity---Petitioners in the Constitutional petition filed before the High Court, at some stage, lost their right by sitting tight at a crucial juncture and neither came up with a better offer (bid), nor otherwise agitated the issue of their entitlement in a previous proceedings before the High Court on the same subject---Such, therefore, was a simple case of acquiescence, waiver and laches rather than of any legal disability on the score of not seeking joinder in a proceedings where the parties did not initially join them---Appropriate course for the High Court was to order their joinder rather to non-suit the petitioners---High Court was not justified to non-suit an aggrieved person solely because such person did not itself come forward to be joined in the earlier set of proceedings in circumstances---High Court, however, observed that its order could not be so wide as to grant any indefinite period of time to negotiate either to the respondent or the Commission---State of Pakistan must, in no case, suffer either on account of fast eroding value of Pak Currency or on any other score---Best price for the unit in the evolved circumstances, should be ensured---Matter, if not, concluded already, be concluded forthwith and if not the Commission would be free to act according to law and in the best interest of the country---Petition for leave to appeal by the petitioners was dismissed. Abdul Mujeeb Pirzada, Senior Advocate Supreme Court and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioners. F.G. Ebrahim, Senior Advocate Supreme Court and M. Shabbir Ghaury, Advocate-on-Record for Respondents. Date of hearing: 6th July, 1998. ORDER WAJHUDDIN AHMED, J. ---Petitioners, out of whom the petitioner No.1 is an employees' union and the other petitioner is the employees' management…

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