Law: Companies Ordinance, 1984

Section: 2(7)

(a) Companies Ordinance (XLVII of 1984)---S.2(7)---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Locus standi to file---Petitioner's appointment as Management Trainees for fixed period of two years---Termination of employment before expiry of two years' period---Termination challenged in Constitutional petition ---Competency--­Respondent-company claimed to be not amenable to jurisdiction of Court on account of having been registered under Companies Ordinance. 1984--­Respondent-corrtpam, had 11 Directors including its Chairman of which Directors had to be appointed by Government while Chairman who must be Secretary to government of Pakistan had to be appointed by Board of Director for specified period---Management and affairs of company were, thus, being controlled by Government through Chairman and its Directors, who formed majority in Board of Directors---Respondent Company was, therefore, performing functions in connection with the affairs of Federation and, thus, was amenable to jurisdiction of High Court under Art. 199 of the Constitution. Fateh Khan v. Sharaaf Khan and others PLD 1984 Lah. 106 rel. (b) Companies Ordinance (XLVII of 1984)--- ----S.2(7)---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Management trainees---Appointment for fixed period of two years---Termination of appointment during training period---Validity---Employment of petitioners admittedly was not regulated by statutory rules of service---Petitioners during period of training as Management Trainees were governed by their appointment letters which provided that training could be terminated at any time without any notice or assigning any reasons if performance of trainee was considered unsatisfactory by the Company---Petitioners were not charged for any misconduct and termination of their employment was in accordance with the terms of their employment---Such termination would not attach stigma to career of petitioners---No show-cause notice being necessary, order of termination would not warrant interference in circumstances. Central Board of Revenue v.. S.I.T.E. PLD 1985 SC 97; Central Inland Water Transport Corporation Ltd. and another…

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