Law:

Section:

(a) Banks (Nationalization) Act (XIX of 1974)----Ss. 11(4), (5) & (10) & 13(2)---National Bank of Pakistan (Staff Services) Rules, 1980---Non-statutory nature of National Bank of Pakistan (Staff Services) Rules, 1980---Scope---National Bank of Pakistan (Staff Services) Rules, 1980 were neither made by the Federal Government nor published in the official gazette---Said rules had not been composed/enforced with the prior approval of the Government nor subsequent benediction was conferred to them by the Government---Said rules had been formulated by the Board of the Bank pursuant to its authority in the nature of management/superintendence of the affairs of the Bank and/or policy making power---National Bank of Pakistan (Staff Services) Rules, 1980, at best could be termed as guidelines or domestic instructions of the bank for the purpose of highlighting, elucidating or beneficially revamping the service structure of Bank's employees for their advantage---National Bank of Pakistan (Staff Services) Rules, 1980 did not enjoy the status of a statutory instrument. (b) Banks (Nationalization) Act (XIX of 1974)--- ----S. 13---National Bank of Pakistan (Staff Services) Rules, 1973---Non-rescinding or replacing of---Effect---Language of S.13(1) of Banks (Nationalization) Act, 1974 spelled out the clear intendment of the legislature to preserve the earlier terms and conditions of nationalized bank, rather than being obliterated--- Board of the Bank in the garb of its general empowerment of policy making, superintendence and managing affairs of business could not rescind, replace, substitute and/or vitiate National Bank of Pakistan (Staff Services) Rules, 1973---National Bank of Pakistan (Staff Services) Rules, 1980, which was a non-statutory instrument, had not replaced or rescinded National Bank of Pakistan (Staff Services) Rules, 1973. National Bank of Pakistan v. Punjab Labour Appellate Tribunal and 2 others 1993 SCMR 105 distinguished. Liaquat Ali Daultana v. The President, National Bank of Pakistan and others Civil Petition No.1291-L of 2001 rel. (c) Constitution of Pakistan--- ----Arts. 185(3) & 212(3)---Order granting/refusing leave to…

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