| Citation(s) |
|---|
| 2002 SLG 1864 2002 SLD 1864 2002 PLC 935 |
Sindh High Court
Suit No. 809 of 2000, decision dated: 3rd December, 2001.
SHABBIR AHMED, J
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Suit No. 809 of 2000, decision dated: 3rd December, 2001.
SHABBIR AHMED, J
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IMRAN AHMED KHAN
VS
PAKISTAN INTERNATIONAL AIRLINES and another
Law:
Section:
(a) Sindh Service Tribunals Act (XV of 1973)------S.4---Jurisdiction of Courts other than Service Tribunal would be ousted only in respect of matter in which Service Tribunal had jurisdiction under S.4, Sindh Service Tribunals Act, 1973---Question of determination would be whether subject-matter was in respect of terms and conditions of service. Muhammad Idrees v. Government of Pakistan 1998 PLC (C.S.) 239; I.A. Sherwani v. Government of Pakistan 1991 SCMR 1041; Irshadur Rehman v. Government of Pakistan PLJ 1996 Karachi 384; Amjad Latif v. C.B.R 1996 CLC 1422 and M.A. Jabbar v. Federation of Pakistan 1999 PLC (C.S.) 686 ref. (b) Pakistan International Airlines Corporation Act (XIX of 1956)- ----Ss. 30 & 31---Pakistan International Airlines Corporation Employees (Efficiency and Discipline) Regulations, 1985 framed under Pakistan International Airlines Corporation Act, whether statutory rules---Pakistan International Airlines Corporation Employees (Efficiency. and Discipline) Regulations, 1985, framed by Board of Directors of Pakistan International Airlines Corporation had not been framed with previous sanction of the Central Government---Regulations neither were gazetted nor laid down before the National Assembly---Regulations, in circumstances, could not be treated as statutory rules, which could entitle employees of Pakistan International Airlines Corporation to claim relief of reinstatement on ground of breach of statutory provisions.---Breach of regulations could not be equated with violation of statutory rules for a case, complaining breach of regulations before Civil Court, except for damages. Abdul Rauf and another v. Abdul Hameed Khan PLD 1965 SC 671; Riazuddin v. Chairman, PIA PLD 1992 SC 531 and Javed Maqbool Bhatti v. Secretary, Irrigation and Power Department 1998 PLC (C.S.) 208 ref. (c) Constitution of Pakistan (1973)- ----Art 13---Civil service---Principle of double jeopardy---Applicability of--Civil servant had contended that in more than one inquiries he having been exonerated, could not be vexed again on same facts and ground---Plea of Authority was that no final order had been passed and only a show-cause notice had been issued to civil…
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