Case Details

Citation(s)
2017 SLG 745 2017 SLD 745 2017 PLC 850
Lahore High Court
Intra-Court Appeals Nos. 415, 481 and 478 of 2014 in W.P. Nos. 1991, 30394 and 33107 of 2012, heard on 23-02-2017.
ABID AZIZ SHEIKH, JUSTICE, FAISAL ZAMAN KHAN, JUSTICE
Petitioner(s) by: Umar Hayat Khawaja (in I.C.As. Nos.415 and 478 of 2014)
Respondent(s) by: Ch. M. Ashraf and Umar Abdullah -Bank.

ABID AZIZ SHEIKH, JUSTICE FAISAL ZAMAN KHAN, JUSTICE UMAR HAYAT KHAWAJA

VS

NATIONAL BANK OF PAKISTAN THROUGH PRESIDENT AND 3 OTHERS

Law: National Bank of Pakistan (Staff) Rules, 1973

Section: R.90,94

National Bank of Pakistan (Staff) Rules, 1973--- ----Rr. 90 & 94---Circular No.57/99 dated 29-07-1999---Bank employee---Encashment of privilege leaves---Past and closed transaction---Laches, principle of---Applicability---Bank had issued circular to the effect that encashment of privilege leave would only be granted to a maximum of 180 days at the time of retirement subject to availability---Petitioner employee sought direction for encashment of unutilized frozen privilege leaves in the light of said circular---Contention of the Bank was that petitioner employee after retirement had received the total retirement benefits inclusive of encashment of 180 days privilege leave---Validity---Petitioner employee having availed the benefit of circular (got encashment of 180 days), could not be allowed to re-agitate a past and closed transaction---Petitioner had not challenged the alleged circular within reasonable time---Constitutional petition was hit by the principle of laches---Employee was not entitled to any other relief---No illegality or irregularity was pointed out in the findings recorded by the Single Judge of High Court---Intra court appeal was dismissed in circumstances. State Bank of Pakistan through Governor and another v. Imtiaz Ali Khan and others 2012 SCMR 280; Dr. Muhammad Tahir ul Qadri v. Federation of Pakistan through Secretary M/o Law, Islamabad and others PLD 2013 SC 413 and Capt. (Retd.) Mukhtar Ahmed Shaikh v Federal Government of Pakistan 2013 PLC CS 380 rel. THIS ORDER PASSED BY: FAISAL ZAMAN KHAN, J.--- Through this consolidated judgment, we intend to decide Intra Court Appeals Nos.415, 481 and 478 of 2014 which have been directed against a consolidated judgment passed in W.Ps.Nos.1991, 30394 and 23107 of 2012 by a learned Single Judge in Chambers, by virtue of which, the afore-noted writ petitions were dismissed. 2. Facts giving rise to the present petition are that appellants are retired employees of respondent-bank. During the course of their employment vide Circular No.37/99 dated 06.06.1999, it was decided by the respondent-bank that Privilege Leave (PL) balance as on 31.12.1998 has been frozen for encashment at the time of…
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