Law:

Section:

(On appeal from the of the Federal Service Tribunal at Lahore dated 1-12-1992 passed in Appeal No. 147(L)/1989). West Pakistan Water and Power Development Authority Act (XXXI of 1958)--- ----S. 17(1-A)---Constitution of Pakistan (1973), Art. 212(3)---Termination of employee---Labour Court ordering re-instatement of employee---Authority's appeal against order of re-instatement also failed---Supreme Court, however, accepted Authority's appeal holding that orders passed by Labour forums were without jurisdiction---Employee who had continued in service till then was relieved of his duties on the basis of of Supreme Court ---Validity---­Termination of employee by authority was mala fide and in conflict with the rules of justice and equity---Judgment of Supreme Court on question of jurisdiction could not be made a smoke screen for terminating employee--­Employee should have been retained in normal circumstances for two junior persons who had been appointed the same day in the same category have so far been retained---No question of legal general public importance having been raised, leave to appeal was refused. Muhammad Yousaf v. Member, Board of Revenue 1970 SCMR 170 and Allah Ditta v. Muhammad Ashraf 1989 SCMR 92 ref. Ch. Ghulam Hasan Gulshan, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioner (in C.P. No. 197-L of 1993). Muhammad Asghar Malik, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Respondent (in C.P. No. 197-L of 1993). Date of hearing: 4th May, 1994 ORDER SALEEM AKHTAR, J.---The petitioner, Water and Power Development Authority, seeks leave to appeal against the judgment of the Federal Service Tribunal whereby the appeal filed by the respondent was accepted holding that the order passed by the petitioner was mala fide and unlawful. Consequently, the respondent was ordered to be reinstated in service from the date of his termination with consequential benefits. 2. The respondent was employed as Line Superintendent-II by letter dated 5-3-1981 alongwith other candidates. It is alleged that because of shortage of funds retrenchment in the posts of Line Superintendent-II was carried out and the service of…

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