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Constitutional Petition No. D‑845 of 1985, decided on 25th March, 1986.

‑‑‑S. 43‑B‑‑Constitution of Pakistan (1973), Art. 199‑‑Principle of natural justice, violation of‑‑Admirality suit‑‑Constitutional jurisdiction, exercise of‑‑Order passed by master of vessel against crew without issuing proper show‑cause notice and without providing reasonable opportunity of hearing to crew, was declared illegal by High Court in exercise of constitutional jurisdiction having been passed in violation of principles of natural justice.‑‑[Natural justice, principles of].

Gul Zaman Khan Por Petitioners.

Muzaffar Hassan for Respondent.

Date of hearing: March 25, 1986.

The petitioners in this petition under Article 9 of the Provisional Constitution Order, 1981, filed on 14th December 1985, have prayed as follows:‑‑

"It is, therefore, prayed that this Hon'ble Court may be pleased to declare the impugned order, dated 4‑12‑1985, passed by the respondent, whereby the C.D.Cs. of the above‑said petitioners were cancelled under section 43‑B of the Merchant Shipping Act (XXI of 1923) without jurisdiction and to no legal effect.

It is further prayed that this Hon'ble Court may grant any other relief/reliefs to the petitioners which this Hon'ble Court may deem fit and proper in the circumstances mentioned above and in the interest of justice."

2. Mr. Muzaffar Hassan learned counsel for the respondent has produced two photostat copies of cables, dated 19th October, 1985, and 22nd October, 1985, which respectively read as follows:‑‑

Mujhey Bajashk Zaraey Sey Maloom Huwa Hey Key Tum Sab Ney Ziyada Paisa Wasool Kiya Hai Apnee Oos Wages Key Jo Key Pakistani Agreement Shipping Office Form No. 8 Mey Daraj Hai Aur Jis Agreement Par Tum Sab Ney Karachi Mein Office Mein Sign Keyey Hain Lihaza Tum Sab Ko Hidayat Kee Jatti Hai Key Forran Ziyada Wasool Shuda Raqqam Kaptan Ko Waapas Karo Aur Mujhey Forran Telegram Key Zariyey Confirm Karo. Warns Tum Sub Key Khalaff Sakhat Disciplinary Aur Kaanoni Karwaeey kee Jaey Gee Jis Mein CDC Ko Cancel Karna Bhee Shamil Hai Ab Kee Taraf Sey Pakistani Agreement Kee Khilaaf Warrzi Sey Tumharey Pakistani Seamen Baiyoon Key Mustaqbil Ko Nuqsaan Pohnchey Gas. Tum Logoon Ko Koee Haq Naheen Key Tum Kisi Doserey Agreement Mein Shamil Ho Ya Sign Karo Siwaey Oos Agreement Key jo Tum Ney Mercy Office Mein Sign Kiya Meiey Saamney Agar Aisa Koee Aur Agreement Sign Kiya Hai To Oos Ko Forran Withdraw Karo Aur Kaptan Ko Forran Waapas Karo Aur Mujhe Confirm Karro."

Following Cables received from Shipping Master and unions Karachi which please hand same to Pakistani Crew Quote:‑‑

"From the Shipping Master, "Government of Pakistan Karachi to the Master and all Pakistani crew members of M/V TAESCHORN stop Master please give my following message to Pakistani crew members and instruct them to reply to my Urdu script cables to them sent on October 19 and you are requested to please send crew members reply to me quote Sallam alekum Pakistani Seamen, I have not yet received your reply to my Urdu script cable sent to you on October 19 and already received by you stop in your own interest you are instructed to reply to me immediately otherwise you are once again warned that besides other penal actions, your C . D . Ss. will also be cancelled permanently stop unquote."

Master is requested to inform me immediately in case the crew members refuse to reply to me stop signed Capt. Saeed Hassan, Shipping Master, Karachi, dated 22nd October, 1985, unquote also despatch following to vessel from union quote:

'To Pakistani Crew members copy to Badshah rawan oiler M/V TAESCHORN Ahmed Bacha President, you are advised in your own interest to abide by and follow the instructions from the Shipping Master stop Please return the amount received by you to 'the master of your vessel immediately otherwise you will be responsible for serious consequences stop Govt. of Pakistan shall take very serious action against you all if you all will fail to obey shipping masters orders . . . . . . . Ahmed Bach President unquote'."

3. It is conceded by Mr. Muzaffar Hassan learned counsel for the respondent that these cables do not constitute the proper show‑cause notice for the order, dated 4th December, 1985.

4. We would, therefore, declare that the order, dated 4th December, 1985 has been passed in violation of the principle of natural justice and was of no legal effect and by consent further order is as follows:

(1) The respondent shall be free to issue fresh show‑cause notice. The learned counsel for the respondent seeks one month's time for this purpose and the learned counsel for the Petitioners does not object to it.

(2) Show cause will be issued within a month frogs the date hereof and the fresh order shall be passed after providing the petitioner a reasonable opportunity of hearing

(3) If the petitioners are aggrieved by such order they may seek their remedy according to law.

(4) Parties are left to bear their own costs.

H . B . T . Petition allowed

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