Pakistan International Airlines Corporation Procurement Manual

2010 PLC(CS) 1436 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Para 2.01.01Constitution of Pakistan (1973), Arts.4, 25 & 199Constitutional petitionPakistan International Airlines Corporation Trainee Airhostesses Hostel at KarachiPermanent female employees of Corporation staying in such Hostel

Issuance of notice to such employees to vacate hostel for same being reserved for trainees or female crew arriving for training from outside of Karachi

Petitioners' plea that allotment of residence in such hostel was on account of concession given by employer, which could not be withdrawn without any fault on part of petitioners

Validity

Question of right to life of an employee would not involve in a case of cancellation or withdrawal of his residential accommodation

According to prevalent rules, such hostel was meant for trainees and that after completion of training, a female cabin crew member could stay therein for a maximum period of one year after date of her passing out

Trainee just inducted into training or still in first year of her employment and belonging to a place other than Karachi, would belong to a different category

Such classification was reasonable and permitted by law and not violative of Art. 25 of the Constitution

No document or law was pointed out by petitioners entitling them to continuance of such concession

Impugned action was not shown to be arbitrary, whimsical or unreasonable

If Corporation allowed to stay in Hostel any other female cabin crew member not entitled to stay there, then petitioner would be entitled to continue to stay there

Discrimination between persons belonging to same category could not be permitted under any circumstances

High Court dismissed constitutional petition while granting three months time to petitioner for arranging alternate accommodation.

1985 CLC 178 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Art.9Pakistan International Airlines Corporation Procurement Manual, rr. 3 & 6.4Lowest tender

Failure of bidder to obtain contract despite their lowest tender attributed to mala fide on part of Corporation-No material produced on record to substantiate contention and establish a prima facie case for invoking writ jurisdiction on sole ground of mala fide

Action of Corporation not to award contract to bidders not shown ultra vires of any law or statutory rules by which bidder's right had been infringed

Contention of mala fide, held, not tenable in circumstances.