2007 PLP (C (PLC(CS))
HABIB BANK LTD. and others Versus NAZIR KHAN and others
| Citation | 2007 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Muhammad Ajmal and Faqir Muhammad Khokhar, JJ |
| Parties | HABIB BANK LTD. and others Versus NAZIR KHAN and others |
| Primary Law | Service Tribunals Act (LXX of 1973) |
Q1: What are the key laws and sections cited in 2007 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 2007 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Muhammad Ajmal and Faqir Muhammad Khokhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP (C (PLC(CS)) (HABIB BANK LTD. and others Versus NAZIR KHAN and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahid Anwar Bajwa, Advocate Supreme Court for Petitioners (in C.P. No.1050-K of 2002).
- Raja Muhammad Akram, Advocate Supreme Court for Petitioners (in C.Ps. Nos.1925 to 1935 of 2002).
Headnotes / Summary
(On appeal from the judgment dated 9-9-2002 of the Federal Service Tribunal, passed in Appeals Nos.1328(K) of 1998, 506(K) to 509(K) of 1997, 531(K) of 1997, 614(K) of 1997, 2369(K) of 1997, 504(K) of 1998, 505(K) of 1998, 1327(K) of 1998 and 1775(K) of 1998).
S. 2-A
Constitution of Pakistan (1973), Art.185(3)
Bank employees
Review/recalling of judgment by Service Tribunal
Appeals filed by employees before Service Tribunal were earlier dismissed being barred by limitation
Later on in the light of judgment passed by Supreme Court in case titled Syed Aftab Ahmed v. K.E.S.C. reported as 1999 SCMR 197, Service Tribunal recalled its earlier orders and restored the appeals filed by the employees
Leave to appeal was granted by Supreme Court to consider; whether provisions of S.2-A of Service Tribunals Act, 1973, could be invoked so as to reopen the past and closed transaction and to permit the employees to re-agitate their grievance in respect of terms and conditions of service which had already been finally adjudicated upon by the proper forum under the existing laws, and whether Service Tribunal was empowered under the provisions of Service Tribunals Act, 1973, to recall/review its earlier final judgments. Syed Aftab Ahmed v. K.E.S.C. 1999 SCMR 197 rel. Respondent in person (in C.P. No.1925 of 2002).
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.
These petitions for leave to appeal, under Article 212(3) of the Constitution of Islamic Republic of Pakistan, are directed against consolidated judgment, dated 9-9-2002, passes' by the Federal Service Tribunal (hereinafter referred to as the Tribunal) in Appeals Nos.1328(K) of 1998, 506(K) to 509(K) of 1997, 531(K) of 1997, 614(K) of 1997, 2369(K) of 1997, 504(K) of 1998, 505(K) of 1998, 1327(K) of 1998 and 1775(K) of 1998.
2. The respondents were Bank employees who were dismissed/ terminated from service through various orders. After availing their remedies under the Industrial Relations Ordinance, 1969, the respondents moved the Tribunal by virtue of section 2-A of the Service Tribunals Act, 1973 (hereinafter referred to as the Act). Their appeals were dismissed by the Tribunal primarily on the ground that the provisions of section 2-A of the Act were not retrospective in operation. However, in the case of Syed Aftab Ahmed v. K.E.S.C. and others 1999 SCMR 197 and also in some other cases, this Court took the view that the provisions of section 2-A of the Act were procedural and retrospective in nature providing a remedy of appeal before the Tribunal even to those employees of the Organizations etc. mentioned therein against whom adverse orders had already been passed. Therefore, the respondents moved the Tribunal by making applications for review/recall of the earlier orders of dismissal of their appeals. The Tribunal by the consolidated judgment recalled/reviewed its earlier orders and restored the appeals of the respondents for decision on merits.
3. After hearing the learned counsel for the petitioners and Zahid Hussain Awan (respondent in C.P.L.A. No.1925 of 2002), we grant leave to appeal to consider, inter alia, (i) Whether the provisions of section 2-A of the Act could be invoked so as to reopen the past and closed transactions and to permit the employees to re-agitate their grievances in respect of terms and conditions of service which had already been finally adjudicated upon by the proper forum under the existing laws? (ii) Whether, in the facts and circumstances of these cases, the Tribunal was empowered under the provisions of the Act to recall/review its earlier final judgments?
4. It is further directed that all these appeals shall be set down for hearing within a period of six months. M.H./H-8/SC Leave granted.