Case Details

Citation(s)
2005 SLG 957 2005 SLD 957 2005 PLC 771
Supreme Court of Pakistan
Civil Appeals Nos. 1959 to 1962 of 2001, heard on 1st June, 2004. (On appeal from the judgment of the High Court of Sindh, at Karachi, dated 19-7-2001 passed in C.P. Nos.D-1587, 1588/97, 801, 1420 and 1534 of 1999).
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ

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ASDULLAH MANGI and others

VS

PAKISTAN INTERNATIONAL AIRLINES CORPORATION and others

Law:

Section:

(a) Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985------Constitution of Pakistan (1973), Arts. 185(3) & 25----Non-induction in service of Flight Stewards on completion of training and getting crew uniform---Allegation was that petitioners were fully trained Flight Stewards and they received training at the PIA Training Centre, and that, on completion of the training they got PIA crew uniform but were not appointed as Flight Stewards while others who had also got training with them were inducted in service---Leave to appeal was granted by the Supreme Court to consider the questions as to whether the petitioners were discriminated by way of violation of Art.25 of the Constitution; whether the impugned letters/orders of not inducting the petitioners in service of Corporation were mala fide, illegal and without lawful authority and whether the Corporation violated the order of Supreme Court passed in various petitions by not appointing the petitioners in service. (b) Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985--- ----Constitution of Pakistan (1973), Art. 25---Contention of the appellants was that they were fully trained Flight Stewards as they had completed the training at the PIA Centre for Flight Stewards and were given crew uniform but had not been inducted in service though others who took training with them had been inducted and thus the appellants had been discriminated against by infringing their Fundamental Right under Art. 25 of the Constitution---Validity---Perusal of "letter of offer for employment" indicated that it was an "offer" simplicitor which could not be equated to that of "appointment"---Letter of offer reflected that the appellants were advised to report to the Manager Employment of the Corporation for further action---Procedural formalities were completed by the said letter and the same had got no concern with actual appointment---"Offer for employment" in the Corporation as Trainee Flight Steward was subject to completion of training and Letter of offer by no stretch of imagination could be considered as an appointment…
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