| Citation(s) |
|---|
| 2002 SLG 1689 2002 SLD 1689 2002 PLC 1 |
Sindh High Court
Constitutional Petitions Nos. D-1587, 1588 of 1997, 801, 1420 and 1534 of 1999, decision dated: 2-07-2001.
SAIYED SAEED ASHHAD, C.J. AND MUHAMMAD AFZAL SOOMRO, J
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Constitutional Petitions Nos. D-1587, 1588 of 1997, 801, 1420 and 1534 of 1999, decision dated: 2-07-2001.
SAIYED SAEED ASHHAD, C.J. AND MUHAMMAD AFZAL SOOMRO, J
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TILAT HUSSAIN and others
VS
CHAIRMAN, PIA and others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)-------S.2-A---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability---Objection raised by the respondent-Corporation was that since the provision of S.2-A of Service Tribunals Act, 1973, was applicable to the employees of Pakistan International Airlines Corporation, therefore, matter was to be decided by Service Tribunal ---Validity--Petitioners not having been issued appointment letters and not having served the respondent-Corporation as its employees, would not fall within the category of civil servants as envisaged in S.2-A of the Service Tribunals Act, 1973, and they would be competent to invoke the Constitutional jurisdiction-of High Court under Art. 199 of the Constitution---Constitutional petition was maintainable in circumstances. Yousaf Ali v. Sher Malik and 3 others 1998 SCMR 1911 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Duty of petitioner---Necessary for" a party to establish the existence of a right in his favour which has been violated by act of commission or omission of a public functionary resulting in legal injury or loss to such person. Malik Asad Ali and others v. Federation of Pakistan and others PLD 1998 SC 161 and Sh. Liaquat Hussain and others v. Federation of Pakistan through Ministry of Law, Justice and Parliamentary Affairs, Islamabad and others PLD 1999 SC 504 ref. (c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Contractual employment---Principle of master and servant---Applicability---Grievance of the petitioners was that after having successfully completed training with the Pakistan. International Airlines Corporation, the petitioners were denied employment in the Corporation---Validity---Respondent-Corporation was governed by the principle of master and servant and employee or a person, who had failed to secure employment, would have no right to claim induction in the service of the respondent-Corporation even if refusal to employ or induct him in service was not strictly in accordance with the provisions of rules and/or regulations---Where the employment was…
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