2002 PLP (C (PLC(CS))

MUNIR A. SHEIKH, J.‑‑‑By this common order we propose to decide above civil petitions involving identical questions of law and fact.

2. Services of the petitioners, who were Area Managers in State Life Insurance Corporation, were terminated on account of unsatisfactory performance for not achieving the requisite amount of business in terms of money, which orders were challenged before the Federal Service Tribunal by filling appeals, which have been dismissed through the impugned judgment dated 6‑2‑2001, against which leave to appeal is sought.

3. It appears that Federal Service Tribunal dismissed the appeals on the simple ground that the petitioners were not permanent employees and their services could be terminated as contract employees, if their performance was found to be unsatisfactory.

4. Learned counsel for the petitioners referred to State Life Employees (Service) Regulations, 1973 made by the respondents, in particular, Part II section 4 of the said Regulations, which provides as under:‑‑ "Ordinary basis.‑‑‑(b) An Area Manager on ordinary basis shall draw a fixed pay of Rs.1,000 per month plus a special incentive bonus of such amount and on exceeding such performance standards as may be prescribed by the Board from time to time. (c)(1) An Area Manager shall be required to meet such performance standards regarding new business, persistency and other operational factors as the Board may prescribe from time to time. (2) The performance of an Area Manager shall be reviewed by the General Manager on a six monthly basis or for such shorter periods as may be deemed necessary by the Board. If on such review it is found that his performance falls short of the prescribed standards, such measures including, but nor limited to, reduction curtailment or withdrawal of his emoluments or perquisites or all such measures together, shall be taken by the General Manager as may be general or specifically prescribed by the Board."

5. It was contended that services of the petitioners could terminated at the whims of the officers whereas such action can be taken which may be prescribed generally and specially the Board and respondents had not referred to any decision made by Board for taking action against an Area Manager in such circumstances have also examined appointment letters of the petitioners as Area and found that it was not an appointment on contract basis whereas of dismissal from service was made on the basis of terms and conditions their appointment which did not contain any condition for achievement business of a particular amount.

6. Feral Service Tribunal, therefore, appears to have failed to consider the case of the petitioners on merits on the assumption that they were contract employees.

7. Leave is granted to further examine the case in the light of submissions made above. S.A.K./M‑353/S Leave granted.