Law:

Section:

(a) Karachi Development Authority Order (5 of 1957)--Art.120(2)(ii)---Karachi Joint Water Board Rules, 1956. R.16---Constitution of Pakistan (1973), Art. 199---Employee of statutory Corporation----Remedy for illegal termination of service---Amenability to Constitutional jurisdiction when arising---Service of a person with a statutory Corporation being based on contractual relationship same was governed by the law of master and servant--­Remedy for illegal termination of service resulting into breach of contract of service was to file suit for damages but no suit for declaration was maintainable, for service contract was not specifically enforceable---When, however, post occupied by employee of a statutory Corporation, was a public office, then relief in the nature of quo warranto to remove a person who was unlawfully holding post could be granted in Constitutional jurisdiction; as also, where freedom of contract was placed under statutory fetters, by reserving controlling power with the Government in the matter of framing of rules or regulations touching terms and conditions of service of employees of such a statutory body---Pleasure of master in such cases was taken over by the statutory provisions and case would stand outside the master and servant rule, so that Constitutional jurisdiction would be amenable to any violation of statutory rules or regulations. Dr. Abdul Hafeez v. Chairman, Municipal Corporation, Lahore and others PLD 1967 Lah. 1251; Muhammad Salimullah v. Trustees of the Port of Karachi PLD 1975 Kar. 758; R.T.H. Janjua v. National Shipping Corporation PLD 1974 SC 146; The Lahore Central Co-operative Bank Ltd. v. Pir Saif Ullah Shah PLD 1959 SC (Pak.) 210; Salahuddin v. Frontier Sugar Mills and Distillery PLD 1975 SC 244; Chairman East Pakistan Development Corporation v. Rustam Ali PLD 1966 SC 848; Shahid Khalil v. Pakistan International Airlines Corporation, Karachi 1971 SCMR 568; Muhammad Aslam v. National Shipping Corporation PLD 1979 Kar. 246; Evacuee Trust Property Board v. Muhammad Nawaz 1983 SCMR 1275; Principal, Cadet College, Kohat v. Muhammad Shoab Qureshi PLD 1984 SC 170 and Anwar Hussain v. Agricultural Development Bank of Pakistan…

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