Law:

Section:

Service Tribunals Act (LXX of 1973)-------S. 4---Constitution of Pakistan, Art. 212(3)---Implementation of of Service Tribunal---Appeal to Supreme Court---Appeal filed by the employees having been accepted by the Service Tribunal, they filed constitutional petition for implementation of of Service Tribunal; which petition was allowed by the High Court with direction to the employer to implement the of Service Tribunal in letter and spirit---Employer, in its appeal filed before the Supreme Court contended that order of Service Tribunal, was not implementable in view of of Supreme Court (PLD 2006 SC 602)---Validity---After passing of the of the Service Tribunal, it was incumbent upon the employer to have approached Supreme Court by filing petition with a prayer that in view of said of Supreme Court, passed by the Service Tribunal was not sustainable, but employer had not done so---High Court, in circumstances, had rightly granted relief to the employees for implementation of the of the Service Tribunal---Employer was directed to implement the of Service Tribunal in letter and spirit within period of 15 days. Muhammad Mubeen-us-Salam v. Federation of Pakistan PLD 2006 SC 602 and Muhammad Idrees v. Agricultural Development Bank of Pakistan PLD 2007 SC 681 ref. Khalid Javed, Advocate Supreme Court. K.A. Wahab, Advocate-on-Record. Respondent No. 1 in person. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---This Petition has been filed against the judgment dated 16-4-2009 passed by the High Court of Sindh at Karachi. 2. Briefly stating facts of the case are that the respondent's Service Appeal No. 340(K)(CE)/2004 was accepted vide judgment dated 26-6-2006 by the Federal Service Tribunal and the judgment has not been challenged. Concluding para of the impugned judgment is reproduced herein below: "For the aforesaid reason and discussion, we are of the considered view that appellant is entitled to the benefits of Administrative Order No. 32/78 and his total pensionable service comes to 26 years, 9 months and 21 days. He is, also entitled to increase in Airworthiness approval allowance and Endorsement Allowance with effect from 1-1-2003, so also he will be entitled to the profit…

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