Case Details

Citation(s)
2011 SLG 1665 2011 SLD 1665 2011 PLC 376
Supreme Court of Pakistan
Civil Petition No. 2132 of 2010, decision dated: 11-11-2010. (On appeal from the judgment/order dated 12-7-2010 passed by Federal Service Tribunal, Islamabad in Appeal No. 1009(R) CS of 2007).
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., TARIQ PARVEZ KHAN AND GHULAM RABBANI, JJ

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ZARAI TARAQIATI BANK LTD. and another

VS

MUHAMMAD BAKHSH and another ZARAI TARAQIATI BANK LTD. and another vs MUHAMMAD BAKHSH and another

Law:

Section:

Service Tribunals Act (LXX of 1973)-------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 ---Validity---Leave to appeal was granted by Supreme Court to examine the effect of the s 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 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 Muhammad Amin's case on 17th February, 2010, S. 2A of the Service Tribunals Act, 1973 had been repealed vide Act No. II of 2010, dated 6th March, 2010, therefore, notwithstanding the observations made in Muhammad Mubeen-us-Salam v. Federation of Pakistan PLD 2006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. Mian Muhammad Hanif, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Petitioners. Muhammad Shoaib Shaheen, Advocate Supreme Court for Respondents. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---This petition for leave to appeal has been filed against the judgment dated 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 5-11-1973…
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