Law:

Section:

(a) Pakistan International Airlines Corporation Act (XIX of 1956)---------S.10(2)---General Clauses Act (X of 1897), S.21--Power of Authority to remove employee from service---Scope---No adverse action could be taken against employee without observing principles of natural justice---Corporation could remove its employee, if appointed in violation of rules, but such action could be taken, when no decisive step had been taken in pursuance of appointment---Vested rights would accrue to employee, who after appointment was confirmed in service---Such rights of employee could not be interfered with only on the ground that he had been irregularly appointed by Corporation, unless there were other allegations against him in view of principle of locus poenitentiae. Director, Social Welfare, N.-W.F.P. v. Sadullah Khan 1996 SCMR 1350; P.I.A.C. v. Nasir Jamal Malik and others 2001 SCMR 934; Abdul Hafeez Abbasi and others v. Managing Director, P.I.A.C. and others 2002 SCMR 1034 and Chief Secretary, Government of Sindh v. Sher Muhammad Makhdoom PLD 1991 SC 973 ref. (b) General Clauses Act (X of 1897)----- ----S.16---Power to appoint includes power to suspend or dismiss--­Scope---Authority has power to undo act done by it, but such provision would be subject to relevant laws and rules and would be applicable only in such cases, where under relevant law or rules, a different intention does not appear. (c) Pakistan International Airlines Corporation Act (XIX of 1956)----- ----S. 10(2)---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.25---Termination of service---Authority terminated respondents from service, but allowed to continue in service other employees, who were similarly appointed---Service Tribunal set aside such order being discriminatory---Validity---Tribunal had rightly interfered with termination order of respondent in view of Art. 25 of the Constitution---Supreme Court dismissed petition and refused leave to appeal. Muhammad Yawar Ali, Advocate Supreme Court for Petitioners (in both Petitions). M. Jaffar Hashmi, Advocate Supreme Court for Respondents (in both Petitions). Date of hearing: 15th April, 2003. JUDGMENT MIAN MUHAMMAD…

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