ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI.

C. P. No.D-1211 of 2014

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DATED: ORDER WITH SIGNATURE OF JUDGE.

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1. For Katcha-Peshi

2. For hearing of CMA No.5592/14

25^th May, 2015.

Ms. Saira Shaikh, Advocate for the Petitioner

Syed Shafqat Ali Shah Masoomi, Advocate for Respondent Nos. 2 to 3.

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This petition has been preferred against PIA in which the Petitioner has challenged show cause notice dated 03.03.2014 issued to him on bogus / fake / tempted degree / academic certificates. The petition has been preferred only against issuance of show cause notice which means that no final order has been passed against the Petitioner and the matter is still at inquiry stage. Secondly, the honourable Supreme Court not only in the case of Pakistan International Airline Corporation and others Vs. Tanweer-ur-Rehman and others reported in P L D 2010 S.C 676 but also in the case of Syed Nazir Gillani Vs. Pakistan Red Crescent Society and another reported in 2014 S C M R 982 has already held that where the terms and conditions of the services of employee are not governed by statutory rules such employees would be governed by principle of master and servant and the constitutional petition in such condition will not be maintainable. Recently, the honourable Supreme Court in the case of PIA Corporation Vs. Syed Suleman Alam Rizvi and others, Civil Appeal No.213-K of 2010, (unreported) set aside the judgment passed by this Court against the PIA. However, private respondents in that case were allowed to file suit for redressal of their grievance before the appropriate forum. Learned counsel for the respondents submits that in the present case the remedy of NIRC is also available to the Petitioner.

Since the petition against the PIA relating to the terms and conditions of the employment is not maintainable, therefore, this petition is dismissed along with pending application. However, Petitioner is at liberty to avail appropriate remedy in accordance with law.

Judge

Riaz/P.A/*