1. GULZAR AHMED, J.---The petitioner has filed this petition for the following reliefs:-- "(a) To' declare the Civil Servants Rules and Removal from service Special Powers Ordinance, 2000 are not applicable to the employees of Pakistan Telecommunication Company Limited since the privatization and further declare the inquiry conducted as per such rules against the petitioner without lawful authority.
(b) To declare the impugned order/notification dated 27-4-2009 passed without any lawful authority null and void and unlawful without any legal effect, same is liable to be set aside as it was already void ab initio. After that to direct the respondents to restore the petitioner to his original post/office with all fringe benefits without any difference.
(c) To restrain the PTCL Management/respondents from evacuating the petitioner from departmental accommodation and other facilities, till the final disposal of the instant matter and also suspend the impugned order dated 27-4-2009.
2. ' The honourable Supreme Court of Pakistan in its judgment dated 12-3-2010 in the case of PIAC v.
3. Tanveer-ur-Rehman etc. In Civil Appeals Nos.172-K to 175-K, 177-K to 182-K of 2009 has decided that in the event where service in a statutory corporation is not governed by statutory rules of service and where no violation of statutory rules of service is alleged, the constitutional petition before the High Court will not be maintainable as the principle of master and servant will apply and the employee will have remedy for suing for damages. In the present case the employer is Pakistan Telecommunication Co. Limited which does not have any statutory rules of service and even the major portion of the company has been privatized. Learned counsel for the petitioner has relied upon the judgment dated 22-6-2009 of the honourable Supreme Court in the case of Pakistan Telecommunication Company Limited v. Muhammad Zahid in Civil Appeal No,351 of 2005 and has contended that in this judgment that honourable Supreme Court has maintained filing of the constitutional petition by the employees of Pakistan Telecommunication Limited and has proceeded to grant relief to them.
4. ' Be that as it may, as we have before us the subsequent judgment of the huonourable Supreme Court of Pakistan which in terms of the judgment in the case of Ghulam Ali v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 where it has been held by the honourable Supreme Court that its subsequent judgment will hold the field more particularly when it is of an equal number of honourable Judges.
5. We have no choice but to follow the later judgment in the case of Pakistan International Airline Corporation.
6. ' Consequently, the petition is disposed of with directions to the petitioner to avail remedy in accordance with law.
7. ' The listed application is also disposed of.