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1971 S C M R 568
Present: A. R. Cornelius, C. J. and Hamoodur Rahman, J
SHAHID KHALIL‑Petitioner
versus
PAKISTAN INTERNATIONAL AIRLINES CORPORATION,
KARACHI‑Respondent
Civil Petition for Special Leave to Appeal No. 18 of 1964, decided on 31st March 1964.
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 27th November 1963, in Writ Petition No. 403 of 1962).
Constitution of Pakistan (1956),
Arts. 181 & 170‑Statutory Corporation created by an Act‑.Corporation although made amenable to various controls of Government, nevertheless d1stinct from Government as an employer‑Employee of such Corporation (e. g. Pakistan International Airlines Corporation) not entitled to protection of Art. 181 nor can claim writ of mandamus for restoration to his office.
M. Anwar, Senior Advocate Supreme Court (Miss R. S. Qari, Advocate Supreme Court with him) instructed by M. A. Rahman, Attorney for Petitioner.
Nemo for Respondent.
Date of hearing: 31st March 1964.
CORNELIUS, C. J.‑
The petitioner Shahid Khalil has been refused by the High Court a writ of restoration to the post of Secretary to the Managing Director of the Pakistan International Airlines Corporation. It has been held that he is not entitled to the protection of Article 181 of the Constitution of 1956, as he was not a member of a Central or Provincial or All‑Pakistan Service, nor was he holding a civil post in connection with the affairs of the Federation or a Province, The correctness of this view is scarcely questionable. The Corporation is a statutory body, created by an Act, and although it is rendered amenable to the exercise of various controls by the Central Government, nevertheless it is not a branch of that Government, and as an employer, it is quite d1stinct from the Central Government.
Nor can it be said that the post of Secretary to the Managing Director falls within the category of offices to which restoration by mandamus might be claimed. The question was examined in the case of Pir Saifullah Shah and on the same reasoning, we entertain no doubt that the post in question is in no way to be regarded as equivalent to a "public office," and that on the law as it stands, a writ is not available to secure restoration thereto.
This petition is accordingly dismissed.
Petition dismissed.
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