SIND ROAD TRANSPORT CORPORATION vs MUHAMMAD ALI G. KHOKHAR
This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan regarding the legal status of service rules adopted by the Sind Road Transport Corporation. The core legal question presented is whether the West Pakistan Road Transport Board Rules, 1959, which were adopted by the petitioner Corporation to regulate the terms and conditions of service for its employees, possess a statutory character. Furthermore, the court addresses whether a constitutional petition is maintainable in the High Court for the non-compliance of such rules. Upon consideration, the Supreme Court granted leave to appeal and allowed the appeal, indicating that the matter requires further examination on the merits. The judgment establishes that the nature of the rules governing the employees of the Corporation is a significant legal question that necessitates a formal determination by the Court, particularly concerning the availability of constitutional remedies for alleged violations of these service regulations.
- Are the West Pakistan Road Transport Board Rules, 1959, adopted by the Sind Road Transport Corporation, statutory in character?
- Is a constitutional petition maintainable in the High Court for the non-compliance of the West Pakistan Road Transport Board Rules, 1959?
- West Pakistan Road Transport Board Rules, 1959
ORDER
1. ABDUL KADIR SHAIKH, J.--The question of law involved in this case inter alia, is whether the West Pakistan Road Transport Board, Rules 1959 adopted by the petitioner Corporation for regularising the terms and conditions of service of their employees are statutory in character and for the non- compliance of any of these rules a constitutional petition in the High Court is maintainable.
2. Leave is granted and the appeal is allowed. Appeal will be heard on the present record but it is open to the parties to file additional documents, if any.