| Citation(s) |
|---|
| 2008 SLG 767 2008 SLD 767 = 2008 CLC 697 |
Sindh High Court
C.P. No.D-1766 of 2006, decision dated: 31st December, 2007
MRS. YASMIN ABBASEY AND MEHMOOD ALAM RIZVI, JJ
C.P. No.D-1766 of 2006, decision dated: 31st December, 2007
MRS. YASMIN ABBASEY AND MEHMOOD ALAM RIZVI, JJ
IMRAN AHMED KHANvsPAKISTAN through Secretary, Ministry of Defence and another
Law: Constitution of Pakistan, 1973
Section: 199,170,260,63(k),199(5),177
Law: Constitution of Pakistan, 1973
Section: 199,170,260,63(k),199(5),177
Law: Service Tribunals Act, 1973
Section: 2A
Law: Civil Servants Act, 1973
Section: 2(1)(b)
(a) Interpretation of statutes-------Statutory provision being open to more than one interpretation---Effect---Court would choose that interpretation, which represented true intention of legislator as essence of law would lie in its spirit and not in its letters----Principles.When a statutory provision is open to more than one interpretation, then the court has to choose that interpretation which represents the true intention of legislator. The essence of the law lies in the spirit, not in its letters for the letter is significant only as being the external manifestation of the intention that underlies it. United Bank Limited through President v. Shamim Ahmed Khan and 41 others PLD 1999 SC 990 rel.(b) Pakistan International Airlines Corporation (Service and Discipline) Regulations, 1985-------Regln. 4---Civil Servants Act (LXXI of 1973), S.2(a)---Pakistan International Airlines Corporation (Suspension of Trade Unions and Existing Agreements) Order (6 of 2001), Arts.3 & 4---Employee of Pakistan International Airlines Corporation---Termination of service of employee on abolition of post due to reorganization of Corporation---Non-issuance of show-cause notice to such employee---Validity---Corporation did not have statutory rules and regulations---Such employee even though not being a civil servant would have right of having a show-cause notice and hearing---Relationship between Corporation and its employee would be that of master and servant--Corporation was empowered to terminate service of its employee on abolition of post due to its re-organization---Principles.Pakistan International Airlines Corporation v. Nasir Jamal Malik and others 2001 SCMR 934; Raziuddin v. Chairman, Pakistan International Airlines Corporation and 2 others PLD 1992 SC 531; The Secretary, East Pakistan Industrial Development Corporation, Dacca v. Md. Serajul Haque 1970 SCMR 398 and Mrs. Anisa Rehman v. PIAC and another 1994 SCMR 2232 rel.(c) Maxim-------"Audi alteram partem"---Applicability---Scope---Maxim would be applicable to all judicial and non-judicial proceedings and would be read into every statute, even if right of hearing was not expressly provided therein. (d)…