Law: Companies Ordinance, 1984

Section: 13

(a) Constitution of Pakistan (1973)---Art. 212(3)---Leave to appeal was granted by Supreme Court to consider the question whether the allotment of plot claimed by the respondent in the housing scheme of the Housing Foundation fell within the terms and conditions of service so as to attract the jurisdiction of Federal Service Tribunal established under Service Tribunals Act, 1973. (b) Federal Government Employees Housing Foundation---- ---- Object and role of the Foundation---Allotment of plots---Remedy against allotment--- Federal Government Employees Housing Foundation having assigned the role of an agency of Federal Government was working for the benefit of employees of Federal Government including the employees of the Institutions, Corporations and Organizations controlled by the Federal Government---Housing Foundation would stand on different footing to that of the private companies incorporated under the Companies Ordinance, 1984--Grievance of a person relating to the policy of allotment of plots by Housing Foundation or an act done by its functionaries in breach of its policy or infringement of any right of any individual under the policy, would be justiciable by an appropriate forum---Notwithstanding non-statutory status of Housing Foundation, it being an official body while following its Rules in the conduct of its business, must act fairly, justly and in accordance with law---Acquisition of land by Housing Foundation through Land Acquisition Collector, preparation of Schemes, allotment of residential plots and conducting ancillary and `incidental matters, must be dealt with by the functionaries of Housing Foundation strictly in accordance with law--­Housing Foundation was initially established on the directive of Prime Minister and to all intents and purposes, its control was given to Ministry of Housing and Works, Government of Pakistan and thus while acting as an official agency of Federal Government it was indirectly discharging the function in connection with affairs of the Federation and by implication would be a part of Ministry of Housing and Works Government of Pakistan---In case of any breach, an aggrieved person can bring a suitable action…

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