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RIZWAN SHOUKAT SILK FACTORY vs FEDERATION OF PAKISTAN through Secretary Law and Justice Division S — 2022 CLD 1516 ISLAMABAD

Case information

Citation
2022 CLD 1516 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
CLD
Parties
RIZWAN SHOUKAT SILK FACTORY vs FEDERATION OF PAKISTAN through Secretary Law and Justice Division S
Subject matter
Criminal
Provisions referred to
S. 19; Trade Organization Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RIZWAN SHOUKAT SILK FACTORY VS FEDERATION OF PAKISTAN through Secretary Law and Justice Division S. 19(1)(b)---Trade Organization Rules, 2013, Rr. 2 (1)(g), 20(2)(d), 21(5)(b) & 21(9)---Constitution of Pakistan, Arts. 25 & 199---Corporate member---Condition of turnover---Intelligible differentia, principle of---Applicability---Petitioners were members of Chambers of Commerce and were aggrieved of condition of turnover of Rupees 50 million to qualify as a corporate members---Validity---Classification between an associate member and a corporate member made by Trade Organization Rules, 2013, distinguished members of a trade organization with an annual turnover of less than Rs.50 million from those with an annual turnover of more than Rs.50 million---Classification between the two was reasonable and based on intelligible differentia---Such distinction between two groups of members had a rational nexus to the object sought to be achieved by the classification---One of the objects was rotation of office of the President of a trade organization between associate and corporate members where general body of trade organization comprised of at least 50% members from associate class---For nominees of a trade organization for comprising general body of Federation of Commerce and Industry to have at least one nominee from corporate class---Distinction between associate member and corporate member of a trade organization in terms as envisaged by Trade Organization Rules, 2013, was neither in violation of provisions of Trade Organization Act, 2013, nor was it discriminatory in any manner---High Court declined to interfere in order passed by Authorities dismissing complaint against Secretary General, the Chamber of Commerce who did not renew petitioners' memberships in corporate class as the order was in accordance with law and did not suffer from any legal infirmity---Constitutional petition was dismissed, in circumstances.

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