SHAHID KHALIL vs PAKISTAN INTERNATIONAL AIRLINES CORPORATION, KARACHI — 1971 SCMR 568

Citation: 1971 SCMR 568

Court: Supreme Court of Pakistan

Year: 1964

Decision Date: 1964-03-31

Parties: SHAHID KHALIL vs PAKISTAN INTERNATIONAL AIRLINES CORPORATION, KARACHI

Headnotes

Case cited as 1971 SCMR 568

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Hamoodur Rahman Title: SHAHID KHALIL vs PAKISTAN INTERNATIONAL AIRLINES CORPORATION, KARACHI Case No.: Civil Petition for Special Leave to Appeal No. 18 of 1964 Date of Judgment:1964-03-31 Reported As: 1971 SCMR 568 Result: Petition dismissed Judgment ORDER 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. 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,"…

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