Full Judgment Text & Judicial Ruling

2004 P L C (C

2004 P L C (C. S.) 206

[Lahore High Court]

Before Maulvi Anwarul Haq, J

Mrs. AZRA SAHI and 3 others

Versus

GOVERNMENT OF PAKISTAN through Secretary, Ministry of Defence, Aviation Division, Rawalpindi and 2 others

Writ Petition No.901 of 1999, heard on 29th October, 2003.

Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985---

----Regln. 25---Constitution .of Pakistan (1973), Arts.25, 27 & 199-- Constitutional petition ---Vires of Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985-- Equality of citizens and safeguard against discrimination in service-- Regulation 25 of Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985 provided that, all employees other than airhostesses, Were to be retired on completion of 60 years of a e, whereas airhostesses were to be retired on completion of 45 years age---Contention was that Regln. 25 was violative of provisions of Arts.25 & 27 of the Constitution which had guaranteed the citizens equal, terms before law and had protected them from discrimination on, the ground of sex alone and the petitioners being female had been discriminated against matter" of length of their service of the sole reason for being female---Validity---Regulation 25 of Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985, being violative of Arts.25 & 27 of the Constitution could not be sustained, which was declared to be without lawful authority and void by the High Court---Petitioners, would be treated at par in the matter of length of their service as similarly placed male employees.

Sherin Dokhat v. Government of Pakistan 1995 PLC (C.S.) 251 ref.

Malik Shahzad Ahmad for Petitioners.

Qazi Ahmad Naeem , Qureshi, Federal Counsel and Mushtaq Hussain Bhatti for Respondents.

Date of hearing: 29th October, 2003.

JUDGMENT

The petitioners are employees of respondents No.2 and 3 are categorized as cabin crew, being flight pursers. They feel aggrieved of regulation 25, of the PIAC Employees ,(Service and Discipline) Regulations 1985. According to this Regulation all employees other than airhostess shall retire from service of the. Corporation on completion of A the 60 years of age. However an airhostess shall retire from service on I completion of 45 years of her age. The writ petition was admitted to hearing on 29-4-1999 and notice was issued. Learned Federal Counsel and learned counsel for the respondents have put in appearance.

2. It is being contended on behalf of the petition by the learned counsel present that the said regulation is violative of the provisions of Articles 25 and 27 of the Constitution which guaranteed-the citizens of the country equal terms before law and protect them from discrimination .on the ground of sex alone. According to the learned counsel apart from airhostess there are male persons also included in the cabin .crew, however, they have .not been subjected to earlier retirement age. Reference is being made. to the case of Sherin Dokhat v. Government of Pakistan (1995 PLC (C.S.) 251) whereby a learned Division Bench of High Court of Sindh at Karachi has declared this very regulation to be void being ultra vires of the Constitution. It is further stated and not denied by the learned counsel for the respondents that an appeal filed against the said judgment in the Hon'ble Supreme Court was withdrawn. Learned counsel for the respondents has not much to say to oppose prayer made in this writ petition.

3. I have examined the file, I have already-noted above that this case was admitted to- hearing on 29:4-1999 and notices were issued. The power of attorney was filed for respondents on 19-6-1999. No written statement statement has been filed till date. I called upon learned counsel as to whether he ran state any rational behind the said differentia inter se male and female cabin staff. Learned counsel is not able to state any differentia whatsoever whether understandable or not: The Hon'ble learned Judges of Sinclh High Court have relied upon the case of Inamur Rehman v. Federation of Pakistan (1992 SCMR 563) wherein it has been laid down; that the in favour of the Constitutionally, legislative enactment stands displaced when on the face of Statute no classification is at all and no visible different is there, with reference to the object of enactment as regard the person or persons subject to its, provisions. On the face of said regulation no classification and no visible differentia is apparent as to why airhostess will retire at the age of 45 while her male colligates doing the same job in the cabin retire upon attaining of age of 60 years. It is but. evident that the petitioners have been discriminated. against in the matter of length of their service for the sole reason that they are females. The said regulation is, therefore, violative of Articles 25 and 27 of the Constitution of country and cannot be sustained. I, therefore, find myself persuaded by judgment of the learned Division Bench of Sindh High Court at Karachi in the case of "Sherin Dokhet" to hold accordingly. The writ petition is, accordingly, allowed and impugned regulation inasmuch as it declares that the petitioners ladies are to retire upon attaining age of 45 years unlike their male colleagues who are to retire upon attaining age of 60 years is declared to be without lawful authority and void. The petitioners accordingly shall be treated at par within the matter of length of their service as similarly placed male employees. No order as to costs.

H.B.T./A-1025/L Petition allowed.

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