Parliament

Importance stated.

Suit for declaring Constitution of Pakistan, Political Parties Act, 1962, West Pakistan Arms Ordinance, 1965, Explosive Substances Act, 1908 and laws relating to interest null and void and repugnant to Qur'an and Sunnah with further prayer to declare all other laws which were in conflict with Qur'an and Sunnah null and void with prayer of permanent injunction directing the State to declare Holy Qur'an and Sunnah as Constitution of the country

Suit was dismissed by Trial Court as also by High Court

Validity

Supreme Court on basis of rule laid down in Hakim Khan's case (PLD 1992 SC 595) found itself unable to give any relief to petitioner in given circumstances

Proper course for petitioner was to approach National Assembly and such-like forums, where laws were made, particularly with regard to Constitution

Parliament as provided under Art. 239 of the Constitution has the power to change existing Constitutional provision

Courts being creation of Constitution were unable to annul same in proceedings before it

Judges of superior Courts having taken oaths of their offices to preserve, protect and defend the Constitution could not order its abrogation/annulment

Leave to appeal was refused in circumstances.

Opinion formed by the President of Pakistan that the Government of the Federation could not be carried on in accordance with the provisions of the Constitution, could be subjected to scrutiny through judicial review

In case

Petitioners'objection to the registration of Trade Union of contesting respondent was brushed aside and same was granted certificate of Collective Bargaining Agent

Validity

Petitioners'objection to the registration of Trade Union was that petitioners were not employers of the members of Trade Union and members of Trade Union being not in their employment could not be registered

Members of respondent Trade Union being registered with Dock Labour Board were governed by the requirements of Dock Workers (Regulation of Employment) Act, 1991, and Karachi Dock Workers (Regulation of Employment) Scheme, 1973

Different gangs of workers were formed who were wedded with particular tidal and on requirement of such workers by Stevedores, works were provided on rotation basis, for their casual employment by petitioners

Status of tindals, serangs and dock workers of any category including cleaning workers being the same, they were governed by the same law

None of the members of Trade Union were in permanent employment of any of the petitioners establishments

Provisions of Industrial Relations Ordinance, 1969 being not applicable to some of the workers who were one of the category of Dock Workers, registration of respondent as a Trade Union and certification thereof as Collective Bargaining Agent was without jurisdiction and unlawful.

Onus would be discharged by the Federation by production of tangible material before the Court to show that the opinion under Art.58(2)(b) of the Constitution had been reasonably and honestly formed.

Dissolution of National Assembly by the President???Opinion formed by the President of Pakistan that the Government of the Federation could not be carried on in accordance with the provisions of the Constitution, could be subjected to scrutiny through judicial review??In case President chose to state the grounds for action taken, High Court could examine the same to find out whether or not there was any nexus between the grounds and the pre?conditions envisaged by Art. 58(2)(b) of the Constitution empowering the President to dissolve the National Assembly in his discretion.

Not supreme like Parliament of England-Constitution of Pakistan, Art. 43.