Law:

Section:

Trade Organizations Ordinance (XLV of 1961)-------Ss.3(2), 9 & 12---Constitution of Pakistan (1973), Art. 199---De-affiliation of petitioners from membership of Karachi Chamber of Commerce and Industry---Contention of petitioners was that Director Trade Organizations has passed such order at their back without giving them an opportunity of showing cause against action proposed to be taken---Validity---Objections filed on behalf of Director Trade Organizations and Karachi Chamber of Commerce and Industry were not supported by counter-affidavit---Nothing was available on record to establish that petitioners had been issued any show-cause notices or they had been heard before passing impugned order by Director, Trade Organizations---Section 12 of the Trade Organizations Ordinance, 1961 provided for arbitration under given circumstances---Impugned order did not attract provisions of S.12 of the Ordinance so as to be settled through arbitration---De-affiliating of membership of trade groups could be given legal effect only in case Memorandum and Articles of Association of Chamber of Commerce were amended strictly in accordance with procedure laid down therein---High Court accepted Constitutional petition and set aside impugned order with direction to the Chamber of Commerce to keep vacant seat in Managing Committee till decision of question of membership of petitioners in accordance with requirements of Government's order after providing them adequate opportunity. JUDGMENT S. ALI ASLAM JAFFERI, J.---By a common short order dated 21-9-2001 reproduced below we had allowed these petitions and now we propose to record the reasons for the same:-- "For reasons to be recorded in detail the petition is allowed to the extent that the impugned order of the respondent No.3 to the extent of disaffiliating the petitioners trade group is set aside and the respondent No.1 is directed to decide the question of their membership in accordance with the requirements of the order dated 2-6-2001 within two months from today after providing adequate opportunity of being heard to the petitioners. The seat in the Managing Committee of the respondent No.1 reserved for trade groups will…

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