mr. justice tassaduq hussain jillani mr. justice nasir-ul-mulk mr ...

CIVIL APPEAL NOs. 39/2010, 1150/2010, 1162/2010, 142-K/2009, 177-
K/2010, 178-K/2010, 228-K/2010, 57-K/2011, 63-K/2011, 65-K/2011, 66-
K/2011, 83-K/2011, 91-K/2011, 135-K/2011, 136-K/2011, 137-K/2011, 188-
K/2011, 232-K/2011, 75-K/2012 AND 82-K/2012
18
Civil Aviation Authority through Director General v.
Javed Ahmad (2009 SCMR 956)?
Questions of Law and Opinion of the Court:
Question No.1:
Whether the appellants are persons discharging
functions in connection with affairs of Federation
or a Province within the meaning of clause (5) of
Article 199 of the Constitution and amenable to
writ jurisdiction of the High Court?
19. To better appreciate the question mooted above, it
would be of relevance to give a brief overview of the law, structure
and functions of the statutory bodies/corporations/authorities
(appellants).
(i)
Pakistan Steel Mills
Pakistan Steel Mills is admittedly a public sector
project. It was established in July 1968 under the Companies Act,
1913 as a private limited company. It is not denied that the
Federal Government makes appointments in the top management
of the Mills and plays a pivotal role in its policy making. Though it
is not a statutory body, but its employees are “persons in
corporation service” within the scope of section 2(c) of the
Ordinance, 2000. Admittedly, their disciplinary matters were being
regulated by a statutory regime (the Ordinance 2000) and they had
sought enforcement of the said regime/statutory intervention when
the said regime was in the field by invoking Article 199(1)(a)(ii) of
the Constitution as they had been deprived of their right to appeal.