Case Details

Citation(s)
1984 SLG 387 1984 SLD 387 1984 SCMR 143
Supreme Court of Pakistan
Civil Appeal No. 104 of 1981, decision dated: 4-07-1982 (On appeal from the judgment and order dated 7th of April, 1981, of the Lahore High Court in Writ Petition No. 11396 of 1980)
MUHAMMAD HALEEM, ACTG. C.J., ZAFFAR HUSSAIN MIRZA AND MIAN BURHANUDDIN KHAN, JJ

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VS

. M. ISMAIL MUNAWAR---Respondent

Law:

Section:

(a) Constitution of Pakistan (1973)-Art. 185 (3)-Employees Old-age Benefit Act (XIV of 1976), S. 5­--State Life Employees (Service) Regulations, 1973, regln. 31-Dismissal of employee-Leave to appeal -granted to consider whether order of dismissal was passed in violation of Service Regulations as adopted. (b) State Life Employees (Service) Regulations, 1973- -- Regln. 31 (2) (i) (iii) - Dismissal of employees - Stage for personal hearing is after charge-sheet is served and defaulter offers his defence the Enquiry Officer-Personal hearing not required after report is submitted and there is also no provision available for supply of copy of report to defaulter-Employee cannot insist for personal hearing at every stage-Personal hearing of employee in his defence at stage of holding of enquiry is enough-Principles of natural justice not embodied rules, compliance only needed to extent to which such principles are incorporated in relevant statutes-Personal hearing, held, cannot be regarded as condition precedent for passing of a final order in circumstances. - [Industrial dispute-Natural justice, principles of] Abdul Latif Niazi v. Government of West Pakistan P L D 1967 S C 62 and Ghulam Muhammad v. Collector P L D 1973 Lah. 528 ref. (c) Interpretation of statutes- Constitutional safeguards and other provisions of statutes cannot be pressed into service while construing another statutory provisions which has to be dealt with upon its own language. Dawood Cotton Mills Limited v. Guftar Shah and another P L D 1981 S C 225 ref (d) Natural justice, principles of- - Principles not embodied rules, compliance, held, only needed to extent to which such principles are incorporated in Statutes. (e) State Life Employees (Service) Regulations, 1973- Regln. 31-Dismissal of employee-Enquiry report stating that employee was heard-Employee making no grievance for having not been heard-Employee not filing list of witnesses nor he express­ed his desire to examine witnesses-Enquiry, held, in presence of employee and care was taken to avoid any prejudice-Employee supplied with copies of statutes of witnesses recorded in his presence although there was no provision in Regulation for…
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