2636/2009 Const. P. P.N.S.C. (Petitioner) V/S FEd of Pakistan & Orsd (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
2636/2009 Const. P. P.N.S.C. (Petitioner) V/S FEd of Pakistan & Orsd (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 30-APR-25
The Supreme Court in Sui Northern Gas Pipelines Limited vs. President of Pakistan (2020 SCMR 242) followed its precedent set in Peshawar Electric Supply Company Ltd. v. Wafaqi Mohtasib, supra. Quoting the PESCO case, the Court reiterated that the Wafaqi Mohtasib lacks jurisdiction under Article 9 of The Order, 1983, to entertain complaints regarding appointments or recommend appointments by relaxing age limits in public sector companies, as these are executive functions. Consequently, the Supreme Court in the Sui Northern case held that the Wafaqi Mohtasib did not have jurisdiction to hear Respondent No.3's case against the Petitioner Company, and the Lahore High Court erred in dismissing the Writ Petition.