ORDER MALIK MUHAMMAD QAYYUM, J.- Muhammad Riaz petitioner, who is working as Senior Manager (Technical), in Pak Arab Fertilizer (Pvt), Ltd., which is a Company being managed by National Fertilizer Corporation of Pakistan (Pvt)
Ltd., has filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, challenging the promotion to the post of General Manager (Technical) Pak Arab Fertilizer, respondent No.3, and its further transfer to Pak Fertilizer Ltd., Multan.
2. The learned counsel for the petitioner was asked to show as to how this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, is competent when the dispute pertains to the terms and conditions of service of the petitioner as also respondent No.3, both of whom are employees of a Company incorporated under the Companies Ordinance, 1984, as a private Company, in view of the law declared by the Supreme Court in The Principal, Cadet College, Kohat and another vs. Muhammad Shoab Qureshi (PLD 1984 SC 170) and Mrs. M.Arshad and others vs. Miss Naima Khan and others (PLD 1990 SC 612) that where there are no statutory rules of service, no Constitutional petition be maintained.
3. Confronted with this position, learned counsel for the petitioner has argued that as the discretion vesting in respondent Nos.1 and 2 has been exercised arbitrarily, the Constitutional petition can be maintained. Reliance has been placed on Chairman, Regional Transport Authority, Rawalpindi vs. Pakistan Mutual Insurance Company, Ltd., Rawalpindi (PLD 1991 SC 14).
4. I am unable to agree with the learned counsel. The precedent relied upon by him has no applicability. Although the learned counsel is correct in contending that a discretion vested in an authority has to be exercised in a fair and just manner, but the question which arises in this petition is different. As there is neither any statute nor any statutory rules governing the relationship between the petitioner and its employer, it would be regulated by the principle of master and servant and a Constitutional petition cannot be maintained on any ground, as has been authoritatively held by the Supreme Court in the cases of The Principal Cadet College. Kohat and Mrs. M.N. Arshad Supra.
In view of the above, this petition is held to be not maintainable and is dismissed in limine.