| Citation(s) |
|---|
| 1987 SLG 777 1987 SLD 777 1987 SCMR 1936 |
Supreme Court of Pakistan
Civil Appeals Nos. 39 and 40 of 1986, decision dated: 17-12-1986.Against the judgment and order of the Federal Service Tribunal, Islamabad, dated 10-11-1985 in Appeal No.206(R) and Appeal No.208(R) of 1984 respectively
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Muhammad Zaman Qureshi, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Appellant (in Civil Appeal No. 39 of 1986). Ch. Abdur Rehman II, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Appellant (in
Civil Appeals Nos. 39 and 40 of 1986, decision dated: 17-12-1986.Against the judgment and order of the Federal Service Tribunal, Islamabad, dated 10-11-1985 in Appeal No.206(R) and Appeal No.208(R) of 1984 respectively
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Muhammad Zaman Qureshi, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Appellant (in Civil Appeal No. 39 of 1986). Ch. Abdur Rehman II, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Appellant (in
MUHAMMAD LATIF BHATTI
VS
THE CHAIRMAN, AREA ELECTRICITY BOARD (E) GUJRANWALA
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)-----S. 4(1)--Water and Power Development Authority (Efficiency and Discipline) Rules, 1978, R. 11--Industrial Relations Ordinance (XXIII of 1969), S. 25-A--Constitution of Pakistan (1973), Art. 212(3)-Appeal before Service Tribunal--Competency of--Failure to exhaust departmental remedy--Consequence of--Leave to appeal granted to examine whether a grievance notice given to employer under section 25-A of Industrial Relations Ordinance, amounted to substantial compliance with the requirement of Rule 11 of WAPDA (Efficiency and Discipline) Rules, 1978 so as to satisfy requirement of first proviso to section 4(1) of Act (LXX of 1973) (b) Service Tribunals Act (LXX of 1973)-- ---S. 4(1)--Water and Power Development Authority (Efficiency and Discipline) Rules, 1978 R.11--Industrial Relations Ordinance (XXIII of 1969), S. 25-A--Appeal before Service Tribunal-Maintainability of-Failure to exhaust departmental remedy--Consequence of- Condonation of such lapses--Discretion of Service Tribunal-Removal from service of WAPDA employees--Relief obtained from Labour Court after service of notice on employer under section 25-A of Ordinance XXIII of 1969--On constitutional petition by respondent, order of removal from service restored--Appellants having been declared civil servants, interference of Labour Court found to be without jurisdiction--Appellants appeal before Service Tribunal, held, not maintainable because they had not exhausted departmental remedies provided by rule 11 of WAPDA (Efficiency and Discipline) Rules, 1978--Appeal to Supreme Court--Plea raised that notice of grievance issued by appellants under a misconceived law, satisfied substantially requirement of law and Tribunal had condoned such lapses in its earlier decisions where a representation required to be filed under the law was addressed to a wrong departmental authority or where appeal was not routed through proper channel--Supreme Court found that it was not a case of mistake of fact or quoting a wrong law, but a mistaken view of the law was at the back of it all-Appellants considered themselves to be governed by Labour Laws and their points of view prevailed…
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