ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. Nos.128, 129, 131, 132 & 134 of 2019

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

28^th September 2021

Mr. Muhammad Haseeb Jamali, Advocate for Appellants in all appeals.

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1. Deferred.

2. Exemption granted, but subject to all just exceptions.

3/4. Instant High Court Appeals have been arisen against common order dated 14.01.2019 passed by the learned Single Judge, on the original side, of this Court in Suits No.1498, 1499, 1500, 1501, 1502, 1508 of 2017, whereby, the applications filed by the appellants seeking implementation of order dated 08.02.2018 have been dismissed.

Learned counsel for the appellants submits that inspite of clear directions by this Court vide order dated 08.12.2016 respondents did not implement the Court’s order in letter and spirit, whereas, through impugned order entirely different view has been taken by the learned Single Judge. Learned counsel for the appellants has read out the relevant portion of the order passed on the injunction application (CMA No.9402/2019) dated 08.02.2018 in the following terms: -

ii. PIAC to negotiate with PALPA to devise methodology in terms of MOU dated 18.03.2016 i.e. promotion of First Officers of B-777 (including the Appellant in this instant proceedings from First Officer B-777 to Captain A-320 within 15 days and communicate the result to the Plaintiff;

iii. In the meantime, the Defendants (Respondents in this instant proceedings) were directed to make the Plaintiff re-join flying B777 as First Officer.

iv. Not to compel the Plaintiff to join ATR Course;

Learned counsel for the appellants submits that though the respondents have filed an appeal i.e. HCA No.46/2018 against the aforesaid order before this Court, which is pending disposal, however, no injunction has been granted, nor the aforesaid order has been suspended. Learned counsel for the appellants requests that notice of instant appeals may be issued to the respondents, whereas, office may be directed to fix instant appeals alongwith aforesaid appeal and other connected HCA No.78/2019 and other connected cases, a list of entire cases will be provided to the office during course of the day.

Let pre-admission notices be issued to the respondents, to be served through first three modes, for a date to be fixed after four weeks, when objections/reply, if any, shall be filed with advance copy to the learned counsel for appellants.

Office is directed to fix instant appeals alongwith aforesaid appeals and a list of entire cases will be provided by the learned counsel for appellants during course of the day.

J U D G E