Law:

Section:

Karachi Electric Supply Corporation (Removal from Service) Ordinance (X of 1999)--- ----S. 2(a)---Constitution of Pakistan (1973), Art. 212(3)---Compulsory retirement of employees of Corporation with immediate effect under S.2(a) of the Ordinance---Reinstatement of such employees ordered by the Service Tribunal on appeal---Validity---Employees had contended that they had been compulsorily retired ahead of their tenure and in violation of the terms and conditions of their service settled at the initial stage of their employment; that they had been retired by incompetent Authority, without assigning any reason; that the retirement order had been passed without issuing any show­cause notice, which was in violation of principles of natural justice and that the Corporation had acted in discriminatory manner, inasmuch as number of employees having been removed from service or retired compulsorily, had been again reinstated and given the same jobs---Initial order of appointment issued by the Corporation to the employees did not mention that the service of the employees would be terminated or they would be retired from service without giving any reason---Record showed that all such employees stood confirmed in their respective posts and then subsequently, after earning satisfactory reports and unblemished performance during the service, had been promoted in their respective scales, having reached the stage, without giving any show-cause notice, they had been abruptly ordered to be retired from service---Held, by passing the order of retirement, the Corporation had not only violated the settled terms, and conditions of service of the employees, but at the same time, the order violated the basic principles of audi alteram partem, because no show-cause notice or any opportunity of hearing had been given to the employees---Action of the Corporation, in circumstances, was totally against the law---Corporation had failed to give plausible explanation for the order whereby the employment of as many as twelve confirmed and regular employees, comprising top hierarchy of Engineering Service had been terminated, without any reason---Judgment of the Service Tribunal reinstating…

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