| Case ID |
41fbd78e-291c-4c4a-bfe9-9bce590fd1be |
| Body |
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| Case Number |
Suit No. 1018 of 2014 |
| Decision Date |
Nov 28, 2014 |
| Hearing Date |
|
| Decision |
The court dismissed the application for rejection of the plaint filed by the defendant, Civil Aviation Authority. The arguments presented by the defendant's counsel centered on the assertion that the Civil Aviation Authority operates under non-statutory rules of service, thereby limiting the remedies available to employees to claims for damages. However, the court found that the service regulations applicable to the employees of the Civil Aviation Authority are indeed statutory in nature and provide constitutional protections under Articles 4 and 10-A. The court emphasized that no individual should be condemned unheard, allowing the plaintiff to invoke constitutional jurisdiction to enforce his rights. The court concluded that the application was misconceived and dismissed it without any order as to costs. |
| Summary |
This case discusses the legal relationship between employees of the Civil Aviation Authority and the authority itself. The court addressed the applicability of statutory versus non-statutory service regulations and the constitutional protections afforded to employees. The plaintiff argued that the actions taken by the Civil Aviation Authority were in violation of legal standards, which led to the filing of this suit. The court's decision highlights the importance of due process and the right to fair treatment in employment, affirming that even non-statutory rules must align with constitutional mandates. Legal practitioners should note the implications of this case on employment law within statutory bodies, emphasizing the court's stance on protecting employee rights. Keywords: statutory regulations, constitutional protection, employment law, due process, Civil Aviation Authority. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED SAEEDUDDIN NASIR, J
|
| Lawyers |
Mehmood Alam Rizvi,
Obed-ur-Rehman,
Khalid Mehmood Siddiqui,
Shahab Usto
|
| Petitioners |
AL QERA ATIQ
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary Aviation and 19 others
|
| Citations |
2015 SLD 331,
2015 PLC 363
|
| Other Citations |
2013 SCMR 1383,
2013 SCMR 747,
2013 SCMR 523,
PLD 1960 DACCA 759,
PLD 1971 Lah. 598,
PLD 1971 Lah. 748,
2001 SCMR 901,
2013 SCMR 1733,
2012 PLC 636,
2013 SCMR 1707,
1997 CLC 1936,
2013 PLC (C.S.) 1212
|
| Laws Involved |
Constitution of Pakistan, 1973,
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
4,
10-A,
42,
O.VII,R.11
|