Law: Pakistan Broadcasting Corporation Act, 1973

Section: 12(1),12,4,10

Law: Constitution of Pakistan, 1973

Section: 212(3)

Law: Civil Servants Act, 1973

Section: 13

(a) Pakistan Broadcasting Corporation Act (XXXII of 1973)   S. 12 (1) Constitution of Pakistan (1973), Art. 212 (3) Leave to appeal was granted to consider whether employee of Pakistan Broadcasting Corporation was subject to Regulations of the Corporation and the Chairman, Pakistan Broadcasting Corporation had the jurisdiction to pass order of compulsory retirement.  (b) De facto, doctrine of   De facto doctrine is intended to avoid confusion which may be created by acts of officers and persons not legally entitled to perform such duties and have in fact continued to do so without any objection. Lt. Col. Farzand Ali and others v. Province of West Pakistan PLD 1970 SC 98; Edwin Scadding v. Louis Lorant 10 ER 164; Toronto R. Co. and City of Toronto 46 DLR 547; Colley on Constitutional Limitations, Eighth Edn., Vol. 2, p. 1357; Jurisdiction and Illegality by Ammon Rubinstei4; Abdul Salam Oureshi and another v. Judge, Special Court of Banking for Sindh and another PLD 1984 Kar. 462 and Atlas Autos Limited and others v. National Industrial Relations Commission, Islamabad and others PLD 1990 Kar. 362 ref. (c) De facto, doctrine of   De facto doctrine cannot be pressed in service to validate an illegal order passed without jurisdiction by a competently appointed officer. Lt. Col. Farzand Ali and others v. Province of West Pakistan PLD 1970 SC 98; Edwin Scadding v. Louis Lorant 10 ER 164; Toronto R.Co. and City of Toronto (46 DLR 547; Colley on Constitutional Limitations, Eighth Edn., Vol. 2, p. 1357; Jurisdiction and Illegality by Ammon Rubinstein; Abdul Salam Qureshi and another v. Judge, Special Court of Banking for Sindh and another PLD 1984 Kar. 462 and Atlas Autos Limited and others v. National Industrial Relations Commission, Islamabad and others PLD 1990 Kar. 362 distinguished. (d) Pakistan Broadcasting Corporation Act (XXXII of 1973)   Ss. 12, 4 10 Pakistan Broadcasting Corporation Employees (Retirement from Service) Regulations, 1980, Regln. 3 Service Tribunals Act (LXX of 1973), S. 2 (a) ‘Civil servant’ Definition Order of compulsory retirement of employee of Corporation Competence Pakistan Broadcasting…

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