Syed QADIR DAD SHAH vs PAKISTAN INTERNATIONAL AIRLINE COMPANY LIMITED (PIACL) S — 2023 YLR 2101 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 2101 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: Syed QADIR DAD SHAH vs PAKISTAN INTERNATIONAL AIRLINE COMPANY LIMITED (PIACL) S
Subject matter: Civil
Provisions referred to: S. 42---C; Civil Procedure Code (V of 1908)

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

Syed QADIR DAD SHAH VS PAKISTAN INTERNATIONAL AIRLINE COMPANY LIMITED (PIACL) S. 42---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Suit for declaration---Interim injunction, refusal of---Scope---Plaintiff challenged the amendment brought to "Job Description Manual" that concerned the qualification of Chief Flight Surgeon and through instant application under O. XXXIX, Rr.1 & 2, C.P.C. sought its suspension---Validity---Chief Flight Surgeon of Aircrew Medical Center has a special privilege of being an Airline Aviation Medical Officer/Designated Medical Examiner---For the post of Airline Aviation Medical Officer/Designated Medical Examiner one year on job training from Pakistan Civil Aviation Authority at the airline's Crew Medical Center is mandatory; which is then followed by a formal application and pre-requisites such as passing of examination---Necessary formal training is required for being an Airline Aviation Medical Officer/Designated Medical Examiner and it is inevitable for effective monitoring of aircrew staff---It was not too late for the plaintiff to apply and if he so chooses that may be dealt strictly in accordance with law---However, for the purposes of injunction application, the plaintiff had not been able to make out a prima facie case, nor balance of inconvenience was in his favour and no loss would be caused in case injunction was refused---Application being misconceived was dismissed.

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