2011 SCMR 309 (PLP)
MUHAMMAD SHAUKAT — Petitioner Versus ZARAI TARAQIATI BANK LTD. (ZTBL) and another — Respondents
| Citation | 2011 SCMR 309 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J., Mian Shakirullah Jan and Ghulam Rabbani, JJ |
| Parties | MUHAMMAD SHAUKAT — Petitioner Versus ZARAI TARAQIATI BANK LTD. (ZTBL) and another — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2011 SCMR 309 (PLP)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 309 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C.J., Mian Shakirullah Jan and Ghulam Rabbani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 309 (PLP) (MUHAMMAD SHAUKAT — Petitioner Versus ZARAI TARAQIATI BANK LTD. (ZTBL) and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Rahim Bhatti, Advocate Supreme Court for Petitioner.
- Tariq Mehmood, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Respondents.
Headnotes / Summary
(On appeal from the judgment dated 12-12-2009 in Appeal No.857(R)(CS) of 2009 passed by the Federal Service Tribunal, Islamabad).
Art. 212(3)
Conversion of order of dismissal from service into compulsory retirement
Petitioner was transferred from Head Office to Zonal Office of Bank, at a close distance of about 200 yards, but instead of joining the duty, petitioner preferred a petition before National Industrial Relations Commission alleging therein unfair labour practice on part of Bank
Said petition was dismissed and after dismissal of petition, the petitioner was dismissed from service
Service Tribunal had also dismissed appeal filed by the petitioner against order of his dismissal from service
Petitioner having failed to make out any case, counsel for the petitioner had prayed that on humanitarian ground the petitioner could be given relief because he had handicapped child and had no other source to support his child
Counsel had further prayed that dismissal of the petitioner be converted into compulsory retirement
Bank authorities agreed to accommodate the petitioner provided that present order was not quoted as precedent in future
Petition was converted into appeal and penalty of dismissal from service awarded to the petitioner was converted into compulsory retirement with effect from date, the petitioner was dismissed from service accordingly.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.
This petition has been filed for leave to appeal against the judgment dated 12-12-2009 passed by the Federal Service Tribunal, Islamabad, whereby appeal filed by the petitioner has been dismissed.
2. Petitioner was in the employment of Zarai Taraqiati Bank Ltd. (ZTBL) when he was transferred on' 7th March, 2009 from Head Office to Zonal Office situated, reportedly, at a close distance of about 200 yards but instead of joining the duty he preferred a petition before NIRC alleging therein unfair labour practice on the ground that he being an office-bearer of the Union had been made victim. However, he could not succeed and his petition was dismissed on 9-5-2009. After dismissal of his petition, the petitioner, vide order dated 11th May, 2009, was dismissed from service w.e.f. 9-3-2009. The petitioner challenged his dismissal before the Service Tribunal by way of an appeal bearing No.857(R)(C.S)/2009, which was dismissed vide the impugned judgment.
3. We have heard learned counsel for the petitioner and respondent No.1 on merits and prima facie we are of the opinion that no case has been made out. In the meanwhile learned counsel for the petitioner points out that apparently on humanitarian ground the petitioner may be given relief because he has a handicapped child and he has no other source to support his child and prayer has been made that dismissal from service be converted into compulsory retirement as during his seventeen years service, he has blotless service to his credit. This proposition was put to learned counsel appearing for the respondents. He, however, on merits opposed the petition and stated that no case is made out but when we asked him as the petitioner was begging relief on humanitarian ground, he stated that this plea was never taken by him yet sought instructions from the respondents and made statement that the respondents agreed to accommodate the petitioner provided the instant order is not quoted as precedence in future. Order accordingly. This petition is converted into appeal and penalty of dismissal from service awarded to the petitioner is converted into compulsory retirement with effect from 9th March, 2009, the date from which the petitioner was dismissed vide order dated 11th May, 2009 with retrospective effect. H.B.T./M-96/SC Order accordingly.