1999 PLP 2484 (SCMR)
BANK LTD. and another — Petitioners Versus MUNTAZIR HUSSAIN SHAH — Respondent
| Citation | 1999 PLP 2484 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan and Raja Afrasiab Khan, JJ |
| Parties | BANK LTD. and another — Petitioners Versus MUNTAZIR HUSSAIN SHAH — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1999 PLP 2484 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 2484 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan and Raja Afrasiab Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 2484 (SCMR) (BANK LTD. and another — Petitioners Versus MUNTAZIR HUSSAIN SHAH — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Ilyas Khan, Advocate Supreme Court and Ch. M.Z. Khalil, Advocate-on-Record for Petitioners.
- Date of hearing: 19th November, 1998.
Headnotes / Summary
(On appeal from the order, dated 9-2-1998, passed by Lahore High Court, Multan Bench in W.P. No.5759 of 1997).
Art. 185(3)
Suspension allowance
Payment of
Case of Bank employee for payment of suspension allowance was referred to the Bank with direction to decide same expeditiously
Bank had contended that employee was not a Government servant and he was governed by Service Rules framed by Bank duly approved by Competent Authority and being not a Government servant he was not entitled to get suspension allowances according to Government Rules and Regulations
Supreme Court without recording any finding on contentions raised by Bank, disposed of petition for leave to appeal observing that Bank was at liberty to raise all points including contentions raised before Supreme Court before President of the Bank at the time of hearing pursuant to impugned order of High Court and contentions raised by petitioner before President of Bank would be considered justly and fairly in accordance with law after providing adequate opportunity of being heard to employee.
Judgment & Decree
IRSHAD HASAN KHAN, J.
This petition for leave to appeal is directed against the order dated 9-2-1998 passed by the Lahore High Court, Multan Bench in Writ Petition No.5759 of 1997, whereby the case of the respondent for payment of suspension allowance was referred to the petitioner with the direction to decide the case expeditiously preferably within a period of three months.
2. Mr. M. Ilyas, learned counsel for the petitioner, vehemently argued that the respondent is not a Government servant and he is governed by the service rules framed by the Bank duly approved by the Registrar, Cooperatives, Punjab, Lahore. He further argued, that according to Rule No.22 under "Head Pay and Allowances" Clause (J) of the Banking Service Rules, 1986, the respondent is being paid 1/3rd of his Basic Pay plus full allowances as admissible to him. He further argued that the respondent being not a Government servant, is not entitled to get allowance according to Government Rules and Regulations. This aspect of the matter, it is contended vehemently, has been overlooked by the leaned Judge in Chambers while passing the impugned order.
3. It is not necessary to record any finding on the plea raised by the learned counsel for the petitioner. Suffice it to say that the petitioner is at liberty to raise all the points including the pleas raised before us, before the President of the Bank at the time of hearing, pursuant to the impugned order of the High Court. We have no doubt in our mind that the pleas available to the petitioner under the law and raised by him before the President, shall be considered justly, fairly and in accordance with law, after providing an adequate opportunity of being head to the respondent.
4. When faced with this, Mr. M. Ilyas Khan, learned counsel for the petitioner, does not press the petition, which is disposed of accordingly. H.B.T./G-41/S Order accordingly.