Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------S. 2-A---Constitution of Pakistan (1973), Art. 212(3)---Employees of Pakistan International Airlines Corporation---Jurisdiction of Service Tribunal---Scope---Leave to appeal, was granted by Supreme Court to consider whether Service Tribunal was right in ordering the reinstatement of the employees of P.I.A. into service. Mrs. Anisa Rehman v. P.I.A.C. and others 1994 SCMR 2232 and United Bank Limited v. Ahsan Akhtar 1998 SCMR 68 ref. (b) Pakistan International Airlines Corporation Act (XIX of 1956)--- ---Ss. 29 & 31---Pakistan International Airlines Corporation (Service) Regulations, 1985---Pakistan International Airlines Corporation (Service) Regulations, 1985 have no statutory backing---Regulations were neither framed with the previous sanction of the Federal Government nor were laid before the National Assembly---In case of non-adherence to S.31 of Pakistan International Airlines Corporation Act, 1956, the Regulations would not have the protection of the Act, and therefore, same could not be termed to be the Regulations having statutory lacking. Mrs. Anisa Rehman v. P.I.A.C. and others 1994 SCMR 2232 rel. (c) Pakistan International Airlines Corporation Act (XIX of 1956)--- ----Ss. 29, 30 & 31---Corporation and its employees ---Relationship--­Principle of master and servant---Applicability---Where Service Regulations and Rules had not been promulgated in terms of Ss.29, 30 & 31 of Pakistan International Airlines Corporation Act, 1956, relationship between the employer and employees in the organization of the Corporation was governed by the principle of master and servant. 1999 PLC (C.S.) 1539 rel. (d) Master and servant--- ---- Maxim "audi alteram partem"---Applicability---Employer, who itself had framed Rules as well as Regulations for its domestic purposes, was bound to strictly follow/adhere to the same---Deviation from such Rules and Regulations is bound to violate principles of natural justice enshrined in the maxim "audi alteram partem" i.e. no one is to be condemned unheard---Where adverse action is being contemplated to be taken against the person/persons, he/they would have at least right to…

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