July 27, 2006	Thursday	Jumadi-ul-Sani 30, 1427

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ISLAMABAD, July 26: The Lahore High Court (LHC), Rawalpindi bench, on Wednesday admitted the petition of a workman dismissed from Pakistan international Airlines (PIA) and directed the airline administration to give reasons for this action.

Sabaz Ali Khan was a passenger services assistant, but he was removed from service on July 3, 2006, under the Removal from Service (Special Powers) Ordinance 2000.

Counsel for the petitioner M.A. Ghani Chaudhary argued before the court that the action under special ordinance was ultra vires of the constitution.

He quoted the judgment of the Supreme Court in which it had been said that corporations did not fall within ‘Service of Pakistan’ and article 212 gave right of appeal before the Services Tribunal only to those employees who fall within the category of service.

Removal from Service Ordinance, therefore, is in conflict with the constitution and, as such, not applicable to corporations and their employees.

Mr Ghani further contended that the petitioner was a workman and so governed by Industrial and Commercial (Standing Orders) Ordinance 1968 and under such ordinance the punishment for being careless/negligent was only a small fine. The removal order for such a petty irregularity is totally against the law, he pleaded.

After hearing these arguments, Justice Abdul Shakoor Paracha admitted the petition for regular hearing and issued notice to PIA to submit reply within three weeks.