Law: Service Tribunals Act, 1973

Section: 5(1)

Service Tribunals Act (LXX of 1973)--- ----S. 5(1)---Service Tribunal, of---Non-implementation of by the employer---Abatement of s of the Tribunal in view of the case reported as Muhammad Mubeen-us-Salam v. Federation of Pakistan (PLD 2006 SC 602)---Scope---Service Tribunal vide its dated 07-09-1998 ordered reinstatement in service of appellant-employee---Said was not complied with by the respondent-bank---Subsequently appellant was again dismissed from service after de novo inquiry proceedings without reinstating him into service---Such dismissal order was again challenged by the appellant before the Tribunal---Dismissal order was (again) set aside by the Tribunal vide dated 01-06-2006 and the respondent-Bank was again directed to reinstate the appellant in service in pursuance of earlier of the Tribunal dated 07-09-1998 and proceed further in accordance with the directions issued in the said ---Second of the Tribunal was also not implemented by the respondent-Bank on the ground that the of the Tribunal dated 01.06.2006 stood abated in view of the case reported as Muhammad Mubeen-us-Salam v. Federation of Pakistan (PLD 2006 SC 602) [Mubeen-us-Salams case]---Held, that perusal of Mubeen-us-Salams case as clarified in the case of Muhammad Idrees v. Agricultural Development Bank of Pakistan (PLD 2007 SC 681) led to the conclusion that the Service Appeal filed by the appellant did not abate because the of the Tribunal was never challenged by the respondent-bank and attained finality and was executable---In allowing the Service Appeal of the appellant, the Tribunal had directed the respondent-Bank to reinstate him in service pursuant to the of the Tribunal dated 07-09-1998 and proceed in accordance with the directions given in the ---Conduct of the respondent-Bank had all along been obstructive and showed lack of respect for the judicial system and verdicts of Courts---However at present much water had flown under the bridge since the year 1998 and the appellant had also crossed the age of superannuation since long, therefore, it would be impracticable to seek implementation of the of the Tribunal owing to efflux of time without any fault on the part of the…

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