Law:

Section:

(a) Natural justice, principle of-------No action detrimental to the interest of any person can be taken by a statutory functionary except after allowing him an opportunity of being heard which is the minimum requirement of natural justice. (b) Trade Organizations Ordinance (XLV of 1961)--- ----S. 15---Constitution of Pakistan (1973), Art.199---Constitutional petition where alternate statutory remedy -available ---Maintainability---Conditions--­Management of affairs of Association---Pending election of Chairman of the Association, Managing Committee appointed petitioner to be its convener for managing of the affairs of. the Association---Director, Trade Organization annulled the decision of the Managing Committee on the ground that the same was not in accordance with Memorandum and Articles of the Association---Contention by the Authority was that since efficacious relief in the form of appeal to Federal Government, under S.15 of Trade Organizations Ordinance, 1961, was available to the petitioners, Constitutional petition was not maintainable---Validity---Order of the Director, Trade Organization was contrary to the provisions of law as also natural justice---Where remedy of appeal appeared to be illusory, it was not necessary for the petitioners .to invoke the alternative remedy provided by law---Constitutional , petition was maintainable, in circumstances. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 arises under the following circumstances. 2. Petitioner No. 11 All Pakistan Textile Mills Association commonly known as A.P.T.M.A. is a registered trade organization within the meaning of Trade Organizations Ordinance, 1961. Its affairs are being managed by a managing committee which comprises of 27 members and has two years' tenure. However, the Managing Committee is required to elect a Chairman of the association for a period of one year. Admittedly, petitioner No. l was elected as Chairman for the year 1998/99. His tenure having expired the matter was taken up by the Managing Committee which by its Resolution, dated 18-10-1999 decided that pending election of the Chairman the affairs will be managed by the…

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