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PAKISTAN NATIONAL SHIPPING CORPORATION vs The FEDERATION OF PAKISTAN MINISTRY OF LAW AND JUSTICE DIVISION art — 2025 PLC(CS) 1535 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 PLC(CS) 1535 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
PLC
Parties
PAKISTAN NATIONAL SHIPPING CORPORATION vs The FEDERATION OF PAKISTAN MINISTRY OF LAW AND JUSTICE DIVISION art
Subject matter
Constitutional

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

PAKISTAN NATIONAL SHIPPING CORPORATION VS The FEDERATION OF PAKISTAN MINISTRY OF LAW AND JUSTICE DIVISION art.199---Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983), art.29---Exercise of Constitutional jurisdiction of High Court against orders of Wafaqi Mohtasib and Presidential orders---Constitutional petition, maintainability of---article 29 of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 bars court jurisdiction over Mohtasib actions, however, High Courts retain the power under art. 199 of the Constitution to intervene if the Mohtasib or President acted beyond their legal authority, violated natural justice, or issued unreasoned orders---Judicial review is not prevented in such cases. Citation Name: 2025 PLC(CS) 1535 KARACHI-HIGH-COURT-SINDHBookmark this Case PAKISTAN NATIONAL SHIPPING CORPORATION VS The FEDERATION OF PAKISTAN MINISTRY OF LAW AND JUSTICE DIVISION art.9(2)---Mohtasib taking cognizance of matters relating to service disputes with an agency---Jurisdiction, scope and legality---Petitioner corporation challenged the Wafaqi Mohtasib's order and the President's appellate order, both directing appointment of respondent No.3 under the disabled quota---The central issue under consideration was as to "Whether the Wafaqi Mohtasib and the President of Pakistan as an appellate authority possessed the legal power to make orders regarding employment-related disputes (service matters)?"---Held: Matters concerning respondent No.3's service complaint with an agency fell outside the Wafaqi Mohtasib's (Ombudsman's) jurisdiction, as explicitly prohibited by sub-article (2) of art. 9 of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983---Neither the Mohtasib nor the appellate authority had the authority to issue a formal recommendation in service related matters---Consequently, both challenged decision were set aside and present petition was allowed, in circumstances.

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