Law:

Section:

Constitution of Pakistan (1973)-------Arts. 199 & 212(2)---Constitutional petition, maintainability of--­Petitioners who were employees of Electric Supply Companies were compulsory retired/dismissed from- service/removed from service--­Validity---Said companies were limited by shares, registered under Companies Ordinance, 1984 and were not statutory Corporations and Federal Government did not own any share in the said Companies---Companies being merey commercial organizations, law of master and servant was fully attracted in the cases---Officials of said two Companies who had passed orders against petitioners, being not Public Functionaries, orders passed by said officials could not be challenged by petitioners under Art. 199 of Constitution---Petitioners, could sue said companies for damages for their alleged illegal compulsory retirement, dismissal from service, removal from service or reversion in rank---Orders passed against petitioners, also could not be challenged before Service Tribunal because said orders were passed by officials of a public limited company which were not even statutory organizations, could not be challenged before Service Tribunal as orders impugned before Service tribunal had to be passed by a Competent Authority which could be a departmental Competent Authority---Remedy of Constitutional petition under Art. 199 of Constitution would also be not available to petitioners due to bar as contained in Art. 212(2) of Constitution of Pakistan (1973). Basharat Ali v. Director, Excise and Taxation, Lahore and another 1997 PLC (C.S.) 817; Ahmad Hussain Qureshi v. Chairman, Water and Power Development Authority and another PLD 1967 Lah. 796; Fayyaz Ali Khan v. The Government of West Pakistan through the Secretary, Transport Department and another 1971 SCMR 454; Ch. Muhammad Ashraf v. Punjab Road Transport Board, Lahore and 2 others 1980 PLC 409; Mujeebullah Aijaz v. Director-General, Telephone and Telegraph Department and 2 others PLD 1980 Quetta 58 and Mian Inamul Mulk v. N.-W.F.P. through Chief Secretary PLD 1981 Pesh. 1 ref. Asmat Kamal Khan for Petitioner. Mian Fide Hussain for Respondents. Date of hearing: 7th November, 2000. JUDGMENT…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492