TARIQ AKBAR KHAN V e r s u s FEDERATION OF PAKISTAN etc.
Judge Name: MUHAMMAD NAWAZ .ABBASI Judgment Result: Petition accepted. Other Law Journal References: –Arts. 2-a, 199 read with marketing of Petroleum products (federal control) act, 1974 (xvii of 1974) ss. 5, 6, 7, 10, 16-termination of service without notice-challenge to scheme of law shows that management and administration of PSO, a public company, is under direct control of federal government (respondent no. 1) to be discharged through managing director (respondent no. 3) and board of management-wrongful dismissal by an authority in exercise of powers under general law of master and servant is not questionable in writ jurisdiction is purely contractual service but if service of an employee of such corporation is governed through some statute providing express or implied protection and creating some legal right, enforceability of such right through writ jurisdiction is not barred-if an action is against law and has been taken in violation of any right or excess of authority or breach of principle of natural justice, could be liable to judicial review of high court-after promulgation of act, 1974 services of employees of PSO were to be regulated through regulations framed by board of management with prior approval of federal government under s. 10 of said act and thus contractual nature of service acquired status of regular service-hence, termination of services of petitioner simplicitor not in public interest or for administrative and disciplinary reason would not be legal-respondents have not placed on record any material in nature of approval, of a managing director to remove or terminate petitioner from employment in his discretion under act, 1974-absolute power of managing director on subject is not supported by law-services of petitioner were terminated without disclosing grounds and giving proper notice and opportunity for explanation in terms of principle of natural justice-this action is in contravention to provisions of section 16 of act, 1974 and has no legal backing to sustain order of termination of service of petitioner being ultra vires to law arid having been passed in illegal exercise of authority hence, set aside-petition accepted.
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