' MALIK MUHAMMAD QAYYUM, J.-- This is an appeal under section 3 of Law Reforms Ordinance, 1972 against order dated 25-6-1997 passed by a learned Single Judge of this Court whereby the appellant's constitutional petition bearing Writ Petition No, 23319 of 1996 was dismissed in limine.
2. The necessary facts are that the appellant was selected as a management trainee under a scheme by the Sui Northern Gas Pipelines Limited. On the successful completion of training he was not allowed to join the same on the ground that he was over age by 10 months and 5 days. He challenged the refusal of the respondents to take the petitioner on job by filing the Constitutional petition which was dismissed by the learned Single Judge inter alia on the ground that no Constitutional petition could be maintained against the Sui Northern Gas Pipelines Limited which is a company limited by shares and secondly that the rules governing the service of Sui Northern Gas Pipelines Limited were not statutory in nature and as such principle of master and servant would be applicable.
3. We have heard the learned counsel for the parties. We are in agreement with the learned counsel for the appellant that the mere fact that the respondent Sui Northern Gas Pipelines Limited is a company limited by shares was not sufficient to hold that no Constitutional petition can be maintained against the said company. Admittedly the company is performing functions in connection with the affairs of the Federation and as such it is amenable to the Constitutional jurisdiction of this Court. If any authority is needed, reference may be made to M/s. Sandal Fibres Limited v. Government of Pakistan and others PLD 1992 Lah. 400 and Javed Iqbal and others v.
Federal Investigation Agency and others PLD 1986 Lah.
424.
4. The other objection, however, is fatal to the case of the appellant which is that the service in question was contractual in nature and such a contract cannot be enforced by filing a Constitutional petition, moreso in a case where the relationship is not governed by statutory rules.
No detailed discussion on the subject is necessary inasmuch as the Supreme Court of Pakistan in case of Muhammad Azam Suhail v. Government of Pakistan 1998 SCMR 1549 has taken the view that in such cases the Constitutional petition does not lie. It is pertinent to point out that the appellants before the Supreme Court were also the management trainees under the scheme introduced by Sui Northern Gas Pipelines Limited and had been denied employment after completion of their training. The Supreme Court of Pakistan was pleased to hold that the trainees had no vested right which could be enforced by filing a Constitutional petition. It was also observed that according to the regulations of the company all jobs to be filled were to be advertised and selection had to take place on open merit basis. The aforesaid judgment, which is binding on us, is in all fours with the present case.
' In view of the above, this appeal fails and is dismissed leaving the parties to bear their own costs.