Pakistan Case Law
1971 SCMR 568

SHAHID KHALIL vs PAKISTAN INTERNATIONAL AIRLINES CORPORATION, KARACHI

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Citation1971 SCMR 568
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 18 of 1964
Date1964-03-31
Judge(s)A. R. Cornelius, C. J. and Hamoodur Rahman
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

The petitioner sought a writ of restoration to his position as Secretary to the Managing Director of the Pakistan International Airlines Corporation after being refused relief by the High Court. The core legal question was whether the petitioner, as an employee of a statutory corporation, was entitled to the constitutional protection afforded to civil servants under Article 181 of the Constitution of 1956, and whether his position constituted a 'public office' amenable to a writ of mandamus. The Supreme Court held that the Pakistan International Airlines Corporation, despite being subject to government controls, is a distinct statutory body and not a branch of the Central Government. Consequently, its employees do not hold civil posts in connection with the affairs of the Federation or a Province, nor does the position of Secretary to the Managing Director qualify as a 'public office' for which a writ of mandamus can be issued. The petition was dismissed, affirming that constitutional protections for civil servants do not extend to employees of statutory corporations.

Questions settled in this judgment
  • Is an employee of the Pakistan International Airlines Corporation entitled to the protection of Article 181 of the Constitution of 1956?
  • Does the post of Secretary to the Managing Director of a statutory corporation constitute a public office for the purposes of a writ of mandamus?
  • Is a statutory corporation considered a branch of the Central Government for the purpose of determining the status of its employees?
Laws & provisions referred
  • Article 181, Constitution of 1956
writ of mandamusstatutory corporationcivil postpublic officeconstitutional protectionservice law

ORDER

1. CORNELIUS, C. J.-The petitioner Shahid Khalil has been refused by the High Court a writ of restoration to the post of Secretary to the Managing Director of the Pakistan International Airlines Corporation. It has been held that he is not entitled to the protection of Article 181 of the Constitution of 1956, as he was not a member of a Central or Provincial or All-Pakistan Service, nor was he holding a civil post in connection with the affairs of the Federation or a Province, The correctness of this view is scarcely questionable. The Corporation is a statutory body, created by an Act, and although it is rendered amenable to the exercise of various controls by the Central Government, nevertheless it is not a branch of that Government, and as an employer, it is quite d1stinct from the Central Government.

2. Nor can it be said that the post of Secretary to the Managing Director falls within the category of offices to which restoration by mandamus might be claimed. The question was examined in the case of Pir Saifullah Shah and on the same reasoning, we entertain no doubt that the post in question is in no way to be regarded as equivalent to a "public office," and that on the law as it stands, a writ is not available to secure restoration thereto.

3. This petition is accordingly dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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