2011 PLP 174 (SCMR)
ZARAI TARAQIATI BANK LTD. and another — Petitioners Versus MUHAMMAD BAKHSH and another — Respondents
| Citation | 2011 PLP 174 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, CJ., Tariq Parvez Khan and Ghulam Rabbani, JJ |
| Parties | ZARAI TARAQIATI BANK LTD. and another — Petitioners Versus MUHAMMAD BAKHSH and another — Respondents |
| Primary Law | Service Tribunals Act (LXX of 1973) |
Q1: What are the key laws and sections cited in 2011 PLP 174 (SCMR)?
This judgment primarily cites: Service Tribunals Act (LXX of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP 174 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, CJ., Tariq Parvez Khan and Ghulam Rabbani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 174 (SCMR) (ZARAI TARAQIATI BANK LTD. and another — Petitioners Versus MUHAMMAD BAKHSH and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Muhammad Hanif, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Petitioners.
- Muhammad Shoaib Shaheen, Advocate Supreme Court for Respondents.
Headnotes / Summary
(On appeal from the judgment/order dated 12-7-2010 passed by Federal Service Tribunal, Islamabad in Appeal No. 1009(R) CS of 2007).
S. 2-A
Constitution of Pakistan, Art. 212(3)
Employee, in the present case, had approached the Federal Service Tribunal with the prayer that benefit of protection of pay be extended to him and arrears of the salary be also allowed on the premise that before joining the organization he was working in Ministry of Interior, Directorate-General of Registration (NADRA), from 5-11-1973 to 12-6-1985 and Service Tribunal on having taken into consideration the pleadings of the parties and the relevant material available on record had accepted the appeal by means of impugned judgment
Leave to appeal was granted by Supreme Court to examine the effect of the judgments reported as Dr. Muhammad Amin v. President, Zarai Taraqiati Bank Ltd. 2010 SCMR 1458 and Raja Riaz v. Chairman, Pakistan Space and Upper Atmosphere Research Commission 2008 SCMR 402, keeping in view the fact that after the pronouncement of the judgment in Dr. Muhammad Amin's case on 17th February, 2010, S. 2A of the Service Tribunals Act, 1973 had been repealed vide Act No. II of 2010, dated 6th March, 2010, therefore, notwithstanding the observations made in Muhammad Mubeen-us-Salam v. Federation of Pakistan PLD 2006 SC 602 or in the case of Muhammad Idrees v. Agricultural Development Bank of Pakistan PLD 2007 SC 681, the employees of such organization would be entitled to avail remedy before the Service Tribunal.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, CJ.
This petition for leave to appeal has been filed against the judgment 12-7-2010 passed by Federal Service Tribunal, Islamabad in Service Appeal No.1009(R) CS of 2007.
2. Precise dispute in the instant case is that respondent No. 1 has approached the Federal Service Tribunal with the prayer that benefit of protection of pay be extended to him and arrears of the salary be also allowed on the premise that before joining the petitioner-organization he was working in Ministry of Interior, Directorate-General of Registration (NADRA), Islamabad as DEO from 5-114973 to 12-6-1985. The Service Tribunal on having taken into consideration the pleadings of the parties and the relevant material available on record has accepted the appeal by means of impugned judgment. Hence this petition.
3. Learned counsel appearing for the petitioner-department, at the outset, has, inter alia, contended that in view of the judgment in the case of Abu Hurayrah Sabir v. Zarai Taraqiati Bank Ltd. (Civil Petition No.1122 of 2010) announced by this Court on 6th October, 2010 as well as the judgment in the case of Sikandar Khan v. Govt. of Pakistan (Civil Appeal No. 1150 of 2009 and C.M.A. No. 1091 of 2010) announced by this Court on 29th October, 2010, the respondent could not have been declared into the service of Pakistan, therefore, the Service Tribunal had no jurisdiction in the matter.
4. Leave to appeal is granted to examine the effect of the judgments reported as Dr. Muhammad Amin v. President, Zarai Taraqiati Bank Ltd. (2010 SCMR 1458) and Raja Riaz v. Chairman, Pakistan Space and Upper Atmosphere Research Commission (2008 SCMR 402), keeping in view the fact that after the pronouncement of the judgment in Dr. Muhammad Amin's case (ibid) on 17th February, 2010, section 2A of the Service Tribunals Act, 1973 has been repealed vide Act No.II of 2010, dated 6th March, 2010, therefore, notwithstanding the observations made in Muhammad Mubeen-us-Salam v. Federation of Pakistan (PLD 2006 SC 602) or in the case of Muhammad Idrees v. Agricultural Development Bank of Pakistan (PLD 2007 SC 681), the employees of such organizations would be entitled to avail remedy before the Service Tribunal.
5. As short point is involved in this case, therefore, office is directed to fix the appeal arising out of this petition within a period of one month. M.A.K. /Z-4/SC Leave granted.