2003 PLP (C (PLC(CS))
PRESIDENT, NATIONAL BANK OF PAKISTAN, I. I. CHUNDRIGAR ROAD, KARACHI and another Versus MUHAMMAD ALI SABRI
| Citation | 2003 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Muhammad Ajmal and Tanvir Ahmed Khan, JJ |
| Parties | PRESIDENT, NATIONAL BANK OF PAKISTAN, I. I. CHUNDRIGAR ROAD, KARACHI and another Versus MUHAMMAD ALI SABRI |
| Primary Law | Service Tribunals Act (LXX of 1973) |
Q1: What are the key laws and sections cited in 2003 PLP (C (PLC(CS))?
This judgment primarily cites: Service Tribunals Act (LXX of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Muhammad Ajmal and Tanvir Ahmed Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP (C (PLC(CS)) (PRESIDENT, NATIONAL BANK OF PAKISTAN, I. I. CHUNDRIGAR ROAD, KARACHI and another Versus MUHAMMAD ALI SABRI). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Iqbal Chaudhry, Advocate Supreme Court for Petitioner.
- Abdul Hameed Awan, Advocate Supreme Court for Respondent.
- Date of hearing: 28th June, 2002.
Headnotes / Summary
(On appeal from the judgment of the Federal Service Tribunal, Lahore dated 20-4-2001 passed in Appeal No.817-L of 1998).
Ss.2-A & 4
Constitution of Pakistan (1973), Art.212(3)
Restoration in service with back benefits
Respondent was Bank employee on daily wages and his services were terminated
After insertion of S.2-A in Service Tribunals Act, 1973, grievance petition filed by the employee was returned by Labour Court
Service Tribunal allowed the appeal and the employee was reinstated in service with back benefits
Plea raised by the Bank was that the appeal filed by the employee was time-barred
Employee was discriminated as the Service Tribunal in earlier appeals of similarly placed employees had set aside the orders of their termination and the Bank was directed to regularize their services
Employee was similarly treated by the Service Tribunal in view of its earlier decision
Judgment of Service Tribunal did not warrant for any interference by Supreme Court under Art. 212(3) of the Constitution, as no question of law of public importance was involved in the petition
Leave to appeal was refused. Managing Director, Sui Southern Gas Co. Ltd. v. Saleem Mustafa Sheikh and others PLD 2001 SC 176 ref.
Judgment & Decree
MIAN MUHAMMAD AJMAL, J.
The petitioners seek leave to appeal against the judgment of the Federal Service Tribunal, Lahore dated 20-4-2001, whereby Appeal No.817-L of 1998 of the respondent was allowed, order dated 31-10-1995, impugned therein regarding termination of his services was set aside and he,, was reinstated in service with service benefits except the arrears of salary for the intervening period from 31-10-1995 to the date of the judgment.
2. The facts are that the respondent was appointed as Typist in the National Bank of Pakistan on 7-3-1992, on daily wages. His services were terminated on 31-10-1995, against which he preferred departmental' appeal but the same was not responded. He then filed a grievance petition in the Labour Court which was returned on 26-7-1998, whereafter appeal before the Service Tribunal was filed which was dismissed on 1-12-1997 for lack of jurisdiction. Thereafter he filed fresh petition in the Labour Court which was returned vide order dated 25-4-1998 on the ground that section 2-A of the Service Tribunals Act, 1973 was applicable retrospectively, as such, he filed Appeal No.817-L of 1998 before the Federal Service Tribunal, which has been accepted vide judgment dated 20-4-2001, as stated in para. 1 above.
3. Learned counsel for the petitioners contended that the appeal before the Service Tribunal was time-barred, therefore, the same deserved to be dismissed on that score. He also contended that the respondent was estopped by his conduct to file an appeal before the Service Tribunal after prolonged litigation before the civil and Labour Courts.
4. On the other hand, learned counsel appearing for the respondent while supporting the impugned judgment of the Service Tribunal argued that the Service Tribunal has based its judgment on the case of Managing Director, Sui Southern Gas Co. Ltd. v. Saleem Mustafa Sheikh and others (PLD 2001 SC 176) accepted the appeal, therefore, impugned judgment does not call for any interference.
5. After hearing the learned counsel for the parties and going through the record of the case we find no force in the submissions of the learned counsel for the petitioners, for the respondent was discriminated as the Service Tribunal in earlier appeals of similarly placed employees had set aside the order of their termination and the Bank was directed to regularize their services. The respondent was similarly treated by the Service Tribunal in view of its earlier decision and the law laid down by this Court in the above cited authority. The judgment of the Service Tribunal does not warrant for any interference by this Court under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973 as no question of law of public importance is involved in this petition. Consequently, this petition is dismissed and leave refused. M.H./P-69/S Petition dismissed.