Case Details

Citation(s)
2005 SLG 737 2005 SLD 737 2005 SCMR 831
Supreme Court of Pakistan
Civil Appeals Nos. 1613 to 1617 of 2003 and Civil Petition No.3332 of 2003, decision dated: 28-06-2005.
HAMID ALI MIRZA, SARDAR MUHAMMAD RAZA KHAN AND MUHAMMAD NAWAZ ABBASI, JJ

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PAKISTAN INTERNATIONAL AIRLINES CORPORATION through Chairman and others/

VS

SAMINA MASOOD and others and others/ vs SAMINA MASOOD and others

Law:

Section:

(a) Law Reforms Ordinance (XII of 1972)-------S. 3---Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985, Regln.25---Constitution of Pakistan (1973), Art.199---lntra-Court appeal---Scope---Vires of Regln.25, Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985---When s rendered are not in the exercise of original civil jurisdiction but Constitutional jurisdiction, S.3(1), Law Reforms Ordinance, 1972 is not applicable---Provision of S.3(2), Law Reforms Ordinance, 1972 provides that if a by a Single Judge of a High Court is rendered under Art.199(1) of the Constitution, excepting sub-paragipah (i) of paragraph (b) of the said clause, the appeal shall also lie before a Bench of two or more Judges of the same High Court---Vires of Regulation 25 Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985 having been challenged before the High Court in the Constitutional jurisdiction squarely fell under Art. 199(1)(c) of the Constitution, hence was appealable through an Intra-Court appeal before two or more Judges of the same High Court---Principles. Mst. Karim Bibi v. Hussain Bakhsh PLD 1984 SC 344 ref. (b) Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985--- ----Regln. 25---Constitution of Pakistan (1973), Arts.25(2) & 199---Constitutional jurisdiction of High Court under Art.199 of the Constitution was invoked to challenge the vires of Regulation 25 of Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985 whereunder an Air Hostess was to retire on attaining age of thirty-five years extended from time to time to forty-five years; whereas, their other colleagues in groups I to IV were to retire on attaining the age of sixty---Such difference in retirement age had been challenged by numerous Air Hostesses before Karachi as well as Lahore High Court on the sole ground that the difference, being a discrimination based on sex, was in utter violation of Art.25(2), of the Constitution---Validity---Air Hostesses were not a group as such, but their…
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