Case Details

Citation(s)
1999 SLG 1112 1999 SLD 1112 1999 PLC 1458
Federal Service Tribunal, Islamabad
Appeal No.840-R of 1997, decision dated: 9-09-1998.
NOOR MUHAMMAD MAGSI AND MUHAMMAD AYUB KHAN, MEMBERS

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SHAUKAT MASOOD ZAFAR

VS

THE CHAIRMAN, A.D.B.P., H.O. ISLAMABAD and another

Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------S. 4---Appeal---Limitation---Where Departmental appeal and review petition were not rejected by Departmental Authority on point of limitation, Service Tribunal was not competent to dismiss appeal before it on point of limitation. 1995 PLC (C.S) 1008; PLJ 1997 Tr.C. (Services) 139 and 1995 PLC (C.S.) 803 ref. (b) Service Tribunals Act (LXX of 1.973)--- ----S. 4---Change of designation by Wage Commission Award ---No implementation of said change---Effect---Post of Recovery Assistant was redesignated as Senior Assistant, as per orders of "Wage Commission Award" but employer Bank did not implement order of Wage Commission Award---Bank not only failed to implement orders of Wage Commission Award, but had also interpolated an additional paragraph in relevant para. of Personnel Manual without any lawful authority and posts of Recovery Assistants were merged with "Assistant" instead of "Senior Assistants"--­Said act of Bank would tantamount to reduction/downgrading of post of Recovery Assistants which could only be done as a punishment whereas no such punishment was earned by incumbents holding posts of Senior Assistants---Employees having been adversely affected by said act of Bank, Service Tribunal set aside such orders with direction that employees who were redesignated as Senior Assistants would be considered as such from the date of their redesignation with all back benefits. Abdul Rahim Bhatti for Appellant. Miss Samina Khan alongwith Muhammad Zardad Khan, Assistant Director for the A.D.B.P. Date of hearing: 4th September, 1998. JUDGMENT MUHAMMAD AYUB KHAN (MEMBER). ---This case has got a chequered long history and for correct appreciation of merits of the appeal it is considered just, proper and advisable to give a brief reference to the background giving rise to filing of the present appeal and to start with the appellant joined the Agricultural Development Bank of Pakistan as Recovery Agent on 28-3-1975 in Pay Scale of Rs.180 -10-230-EB-10-280-15-370 However, this post was redesignated as Recovery Assistant by circular No. 77/75 dated 29-4-1975. It is further laid down at para. l of the appeal that the post of…
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