| Case ID |
2cb1af47-7b87-41db-aa04-26bb238ebf27 |
| Body |
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| Case Number |
Writ Petition No.2069 of 2006 |
| Decision Date |
Dec 01, 2006 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed Writ Petition No. 2069 of 2006 filed by Munir Hussain against PIA for lack of maintainability. The petitioner, who was employed as an Aircraft Attendant, sought to regularize his services after his request was ignored by the employer Corporation. The Court found that the petitioner was not a permanent workman and had been employed through a contractor. The rules and regulations of the employer did not provide a fundamental or legal right for the petitioner to invoke the constitutional jurisdiction of the High Court. As a result, the petition was deemed misconceived and dismissed accordingly. |
| Summary |
In the case of Munir Hussain vs PIA through General Manager and others, the Lahore High Court addressed the issue of the maintainability of a constitutional petition filed by the petitioner, who was seeking regularization of his employment as an Aircraft Attendant. The petitioner contended that his request for regularization was not adhered to by the Corporation, prompting him to file the writ petition. However, the Court highlighted that the petitioner was employed through a contractor and did not possess the status of a permanent workman. Furthermore, the Court noted that the rules and regulations of the employer Corporation lacked the status of statutory rules, which meant that the petitioner could not invoke the constitutional jurisdiction of the High Court. The final decision was a dismissal of the petition due to these findings, emphasizing the importance of proper employment classification and the legal standing required to file such petitions. The ruling reinforces the principle that not all employment terms confer the right to challenge decisions in higher courts, particularly in cases involving temporary or contractor-based roles. |
| Court |
Lahore High Court
|
| Entities Involved |
PIA,
General Manager
|
| Judges |
SH. AZMAT SAEED, J
|
| Lawyers |
M. Ehtesham Mirza,
Umar Sharif
|
| Petitioners |
MUNIR HUSSAIN
|
| Respondents |
PIA through General Manager and 4 others
|
| Citations |
2007 SLD 1912,
2007 PLC 405
|
| Other Citations |
Habib Bank Ltd. and others v. Syed Zia-ul-Hasan Kazmi 1988 SCMR 60,
Asad Ullah Mangi and others v. Pakistan International Airlines and others 2002 PLC (C.S.) 592,
Muhammad Naeem and 19 others v. Pakistan International Airlines Corporation through Chairman and 7 others 2006 PLC 374
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 199
|