2017 PLP (C (PLC(CS))

JAWAD HASSAN, J.

Through this Intra Court Appeal, the Appellant has called in question the order dated 04.10.2016 passed in W.P. No.30023/2016 by the learned Single Judge (the "Impugned Order"), whereby the Constitutional petition of the Appellant was dismissed.

2. Learned counsel for the Appellant submitted that the impugned judgment is against law and facts as the same has been passed by ignoring the effect of Article 10-A of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution"). Learned counsel further contended that as the Pakistan Engineering Council (the "PEC") is established under the provisions the Pakistan Engineering Act, 1975 and falls within the definition of a person, as such is amenable to the constitutional jurisdiction of this Court. Learned counsel next argued that the services of the Appellant have been termination without holding an inquiry in the matter, therefore, he has been condemned unheard against the principle of natural justice.

3. On the contrary, learned counsel for the Respondents vehemently contested the arguments advanced by the learned counsel for the Appellant and contended that the instant appeal is not maintainable on the grounds that the PEC has non-statutory Rules; secondly, that under Section 3 of the Law Reforms Ordinance, 1972 the right of appeal has been provided to the Appellant which has been duly availed, therefore, the instant appeal is not maintainable. Learned counsel further added that the Appellant had been given opportunity of personal hearing, hence dealt with fair trial.

4. We have heard the arguments of the learned counsel for the parties and have perused the record.

5. From the perusal of impugned order it reveals that the writ petition of the Appellant has been dismissed being not maintainable on the alone ground that the PEC has no statutory Rules. There is no denial by the learned counsel for the Appellant that the rules under which the terms and conditions of Appellant's service were being regulated are non-statutory. We see no illegality in the impugned order which has been passed in consonance with the spirit of law and the judgments of the Hon'ble Supreme Court of Pakistan. Reliance in this regard is placed on the case titled Shaukat Ali v. Managing, Director Ktwma/dco, Kasur and 2 others (2015 PLC (C.S.) 782) wherein it was held as follows: "In view of the fact that the services of the appellant are not being governed by statutory Regulations, therefore, he cannot approach this Court for enforcement of terms and conditions of his service including reinstatement. In this regard, reliance can be placed on Habib Bank Ltd. v. The State (2013 SCMR 840), Abdul Wahab and others v. HBL and others (2013 SCMR 1383), Federation of Pakistan through Secretary Law, Justice and Parliamentary Affairs v. Muhammad Azam Chattha (2013 SCMR 120), Pakistan Telecommunication Co. Ltd through Chairman v. Iqbal Nasir and others (PLD 2011 SC 132), Pakistan International Airline Corporation and others v. Tanweer-ur-Rehman and others (PLD 2010 SC 676) and Executive Council, Allama Iqbal Open University, Islamabad through Chairman and another v. M. Tufail Hashmi (2010 SCMR 1484)."

6. In view of above, the impugned judgment is upheld; consequently the instant Intra Court Appeal is hereby dismissed. ZC/M-6/L Appeal dismissed.