Case Details

Citation(s)
2010 SLG 3051 2010 SLD 3051 2010 PLC 127
Supreme Appellate Court, Northern Areas
Civil Review No. 5 of 2008, heard on 19th October, 2009. Date of hearing: 19th October, 2009.
MUHAMMAD NAWAZ ABBASI, C.J., SYED JAFFAR SHAH AND MUHAMMAD YAQOOB, JJ

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AGHA KHAN EDUCATION SERVICE, PAKISTAN and 6 others

VS

SULTAN ALI and 8 others

Law: Northern Areas Governance Order, 1994

Section: 27,35,19-

Law: Constitution of Pakistan, 1973

Section: 9

(a) Supreme Appellate Court Northern Areas (Amended) Rules, 2008---   ----O. XXVI--- Northern Areas Governance Order, 1994, Arts.27 35---Application for review of order of Supreme Appellate Court---Supreme Appellate Court after considering the matter on merits, proceeded to declare the order of termination of employees from service as illegal and also had granted the consequential relief of reinstatement in service with full back-benefits---Employers had sought review of passed by Supreme Appellate Court---Supreme Appellate Court in the under review had held that employer company being not an autonomous or government funded body, was not amenable to writ jurisdiction of the Chief Court, but in view of the nature of case the Supreme Appellate Court had converted petition for leave to appeal into a direct petition under Art.27 of Northern Areas Governance Order, 1994 read with Art.184(3) of Constitution of Pakistan---Employer company was a welfare organization in private sector which was functioning in the education field throughout Pakistan including Northern Areas and was engaged in public service as a registered body under the Companies Ordinance, 1984---Said welfare organization despite being not a statutory body, had much importance and was recognized as an educational institution---Company had to follow its rules and organizations in respect of tights of individual---Objection that a private organization engaged in activities connected with the basic right of people, was not amenable to the original jurisdiction of Supreme Appellate Court, was not acceptable as general proposition---Notwithstanding the status of an organization or institute, whether private or public, Supreme Appellate Court in a proper case of public importance involving enforcement of a fundamental right could in exercise of its original jurisdiction under Art.27 of Northern Areas Governance Order, 1994 read with Art.61(1) of Gilgit Baltistan (Empowerment and Self Governance) Order, 2009, pass an appropriate order in the interest of complete and substantial justice---Technical objection that writ petition filed by the employees against the of the Chief Court could not be converted…
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