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PAKISTAN INTERNATIONAL AIRLINES CORPORATION KARACHI versus ALLAH DITTA BUGTI


O XXXIX, Balochistan Civil Servants Ordinance (IX of 1973), section 10 integration, temporary employee of the provincial government, legally obliged to serve within or outside the province in any position under the federal government, or any provincial government, Or a local authority or corporation, transfered to a legal corporation on a regular basis but eventually terminates the corporation so that it joins its parent's position to declare the services of such employees and the corporation goes through wrongdoing. To stop them. There is considerable confusion on the record whether the employee remains in the service of the provincial government of the provincial government in one letter, denying the holding of any entitlement by such employee at any permanent position but in another letter A license to be licensed by an employee of
P L D 1979 Karachi 542

Before Abdul Hayee Kureshi, J

PAKISTAN INTERNATIONAL AIRLINES CORPORATION, KARACHI AND 4 OTHERS‑Applicants

versus

ALLAH DITTA BUGTI‑Respondent

Revision Application No. 255 of 1977, decided on 28th October, 1978.

(a) Civil Procedure Code (V of 1908)

‑‑ O. XXXIX, rr. 1 & 2 read with Baluchistan Civil Servants Ordinance (IX of 1973), S. 10‑Injunction, temporary‑Employee of Provincial Government, bound by law to serve within or outside Province on any post under Federal Government, or any Provincial Government, or local authority or Corporation, transferred on deputation to a statutory Corporation but Corporation ultimately relieving him so as to join his parent post‑Suit for declaration of such employee's services having been wrongly placed with Provincial Government and for injunction to restrain Corporation from passing any adverse orders Substantial confusion on record whether employee continued to remain in employment of Provincial Government‑Provincial Govern ment in one letter denying holding of any lien by such employee on any permanent post but in another letter admitting holding of lien by such employee in one of its departments, such letter however written to Corporation and not addressed to employee to enable him to take over his such job‑Questions raised rather intriguing and necessitating inquiry‑Employee having rightly apprehended of there being a possibility of his being not absorbed in service of Provincial Govern ment, grant of injunction favouring employee, held, justified but such injunction to be varied or recalled in case of trial Court finding employee having a lien on service with Government or on his being recalled to some post.‑[Injunction‑Civil service].

(b) Pakistan International Airlines Corporation‑---

----Service of Statutory Corporation‑Service Code or Administration Manual of P. I. A.‑---Do not have force of statutory rules but binding having been issued by governing body of Corporation.

Aijaz v. Pakistan International Airlines Corporation P L D 1971 Lah. 748 and Shahid Khalil v. The Pakistan International Airlines Corporation P L D 1972 Kar. 477 ref.

S. A. Sarwana for Petitioners.

Habib‑ur‑Rehman for Respondent.

Date of hearing : 28th October, 1978.,

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