Extending of similar relief

2022 PLC 156 NATIONAL-INDUSTRIAL-RELATIONS-COMMISSION Judicial Precedent

S.33Individual grievanceExtending of similar reliefScope

Services of appellants were transferred to State Bank of Pakistan after dissolution of Pakistan Banking Council in terms of Banks Nationalization (Amendment) Ordinance, 1997

Appellants became employees of the State Bank on terms and conditions governing their employment with the Pakistan Banking Council

Appellants were taken by State Bank on its roll but their services were subsequently terminated

Some of the employees who were similarly terminated, succeeded in obtaining an order for their reinstatement from the Supreme Court

Appellants, in view of the order of Supreme Court, served grievance notices on the State Bank but to no avail

Appellants approached Single Bench of NIRC who dismissed the petition on the ground of limitation

Validity

Settled law was that the office order which had given right of absorption to the employees of Pakistan Banking Council could not have been withdrawn at later stage

Non-litigating parties had to be extended benefits of relief granted to other similar persons

Relief of judgment of Supreme Court could also be extended to the appellants

Appeal was accepted.

2010 PLD 374 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Arts. 10-A & 25Dispensation of justiceEquality of citizensExtending of similar reliefScope

All persons placed in a similar situation, affected by any law, statutory rule, regulation, notification or policy etc., are to be treated even handedly and in like manner

Public functionaries, invariably derive and force every person affected by law, statutory rules, etc. to approach the court of law to obtain similar relief rather than extending similar relief by itself on the basis of principle of law that has been earlier set at rest

Such conduct of public functionaries is neither desirable nor can be approved as it negates even handed dispensation of justice and meting out equal treatment as mandated per Articles 25 and 10-A of the Constitution.