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Constitutional Petition No.376 of 1982, decided on 16th September, 1987.

---S.70--Repatriation of employee to Pakistan- -Reference by Authority to Government for clarification of its order relating to salaries etc.- Effect--Reference in respect of matter of petitioners made by Authority to Government having not been decided by Government in spite of considerable period of about more than 6 years, High Court without going into legality as to whether direction previously issued by Government to Authority were within the ambit of S.70, directed Government to give its decision on reference made to it by such Authority within period of four months.

Mushtaq Membn for Petitioners.

Abbas Ahmed for Respondents.

Date of hearing: 16th September, 1987.

.--The petitioners through this petition have prayed for the following reliefs:---

"(i) to declare the reference by respondent No.1 to the respondents Nos.2 and 3 as illegal and without any lawful authority;

(ii) to direct the respondent No. l to implement the directive issued by respondents Nos.2 and 3 and treat the petitioners as its regular employees with effect from 1-1-1974 for all intents and purposes; .

(iii) to direct the respondent No.1 to pay to the petitioners/ repatriated employees the salary in accordance with its regular scales w.e.f. 1-1-74 as per its fixation;

(iv) to direct/grant any other/further/better relief or reliefs deemed fit by this Hon'ble Court; and

(v) to grant costs of this petition".

2. The brief facts leading to the filing of the above petition are that the 8 petitioners were working in East Pakistan inter alia with Chittagong Port Trust and Chalna Port Authorities at the time of fall of Dacca. After the fall of Dacca they were repatriated to the then West Pakistan. It appears that the Federal Government issued direction inter alia to respondent No.1 to absorb the persons named in the list in the port service. The direction was also issued to the effect that they should be paid salaries with effect from 1-1-1974. There are number of letters on the record which indicate that direction was repeated. However, it seems that respondent No.1 ort 7-4-1981 made a reference to the Federal Government on the above question and pointed out that heavy finances are involved in complying with the above direction. It appears that till today the Federal Government has not conveyed any decision on the above reference made by respondent No.1.

3. Without going into the legality as to whether the above direction of the Federal Government falls within the ambit of Section 70 of the Port Qasim Act, 1973 (Act XXV of 1973) in our view it will be just and proper to direct the respondent No.2 to give a decision on the reference made by respondent No.1 within a period of 4 months from the date of receipt of copy of this order. This judgment is without prejudice to the respective contentions of the parties. There will be no order as to costs.

H.B.T/M-269/K Order according.

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