Case Details

Citation(s)
2002 SLG 1789 2002 SLD 1789 2002 PLC 592
Sindh High Court
Constitutional Petitions Nos. D-1587, 1588 of 1997, 801, 1420 and 1534 of 1999, heard on 2-07-2001.
SAIYED SAEED ASHHAD, C.J. AND MUHAMMAD AFZAL SOOMRO, J

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ASADULLAH MANGI and others

VS

PAKISTAN INTERNATION AIRLINES and another

Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Maintainability---Contractual employment---Principle of master and servant---Applicability---Petitioners were to be appointed/inducted in the service of Pakistan International Airlines Corporation as flight stewards on the basis of agreement or contract of employment in accordance with the rules/regulations of service of the Corporation---Corporation did not find the petitioners fit for appointment after completion of their basic training, as a result they were not so appointed--Plea raised by the petitioners was that their fundamental or legal right was violated---Validity---Rules/regulations of service of the Corporation did not have the status of statutory rules so as to confer a fundamental or legal right on the petitioners to claim employment as Flight Stewards, the violation or non-observance of which could not give a right to the petitioners to invoke the Constitutional jurisdiction of High Court for enforcement thereof---Documents/letters produced before the Court suggested that the employment of the petitioners was to be a contractual employment to be governed by the principle of master and servant and the service rules and regulations---Petitioners, in the present case, had never been appointed or inducted in the service of the Corporation and were only being considered for appointment after successfully completing the conditions mentioned in the letter offering employment in the Corporation--­On the basis of agreement/contract of employment arrived at between the parties, Constitutional petition for declaration was not maintainable--­Constitutional petition would not lie for providing relief on account of violation of terms and conditions of a contract---High Court declined to interfere with the orders passed by the Corporation---Petition was dismissed in limine. Yousaf Ali v. Sher Malik and 3 others 1998 SCMR 1911; Malik Asad Ali and others v. Federation of Pakistan and others PLD 1998 SC 161; Sh. Liaquat Hussain and others v. Federation of Pakistan through Ministry of Law, Justice and Parliamentary Affairs, Islamabad and others PLD 1999 SC 504; Abdul Qayoom and 11 others…
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