Case Details

Citation(s)
1987 SLG 1348 1987 SLD 1348 1987 PLC 772
Federal Service Tribunal, Islamabad
Appeal No. 53(R) of 1986, Appeal No. 194 (L) of 1983, decided on 7th June, 1987.
MUHAMMAD IRSHAD KHAN AND S. A. SAYOOD, MEMBERS

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AURANGZEB

VS

THE SUPERINTENDING ENGINEER, IST CIRCLE (E), WAPDA, LAHORE and another

Law:

Section:

(a) West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978-- ---R.1(2)--Employee on probation--Application of said Rules, held, was excluded in case of employees on probation. (b) West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978-- ---R.5(iv)--Service Tribunals Act (LXXI of 1973), S.4--Dismissal-­Validity--Where allegations levelled in charge-sheet did not constitute a misconduct punishable with extreme penalty of dismissal from service, order of dismissal of such employee, held, could not be sustained-­Dismissal order was set aside--Employer was directed to reinstate employee in his previous appointment. (c) Service Tribunals Act (LXXI of 1973)-- ---S.4--West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1974, R.5(iv)--Limitation Act (IX of 1908), S.14--Time-barred appeal against dismissal order-­Application for condonation of delay--Appellant stating in said application that certain s of Service Tribunal and Labour Courts having created a bona fide impression about jurisdiction of Service Tribunal, he had first challenged his dismissal order before Labour Court and on return of said application for want of jurisdiction had filed present appeal--Such delay in filing being neither deliberate nor intentional, request for condonation of delay was granted by Service Tribunal. Mian Mahmood Hussain for Appellant. Sardar Muhammad Amir Akbar Khan, counsel for the Respondents. Date of hearing: 23rd October, 1986. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).-The relevant background giving rise to the present appeal is that the appellant was appointed as Line Superintendent (Grade-II) on 5-3-1981 and while working as such his services were terminated vide order dated 24-3-1981 purportedly passed under clause 2 of his offer of appointment. The appellant challenged the said termination order before the learned Punjab Labour Court which by its order dated 14-5-1981, directed the reinstatement of the appellant in service with full back benefits. It appears that the respondents were initially reluctant to carry out the order of the…
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