| Citation(s) |
|---|
| 1999 SLG 292 1999 SLD 292 1999 PLD 990 |
Supreme Court of Pakistan
Civil Appeal Nos. 1487 to 1528 of 1998, decision dated:25-05-1999.
SAIDUZZAMAN SIDDIQUI, SH. IJAZ NISAR AND KAMAL MANSUR ALAM, JJ
Raja Muhammad Akram, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Appellant (in all Cases).A. Mujeeb Pirzada, Advocate Supreme Court and K. Wahab, Advocate-on-Record (in C. As. Nos. 1487 to 1505 of 1998).Abid Hassan Minto,
Civil Appeal Nos. 1487 to 1528 of 1998, decision dated:25-05-1999.
SAIDUZZAMAN SIDDIQUI, SH. IJAZ NISAR AND KAMAL MANSUR ALAM, JJ
Raja Muhammad Akram, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Appellant (in all Cases).A. Mujeeb Pirzada, Advocate Supreme Court and K. Wahab, Advocate-on-Record (in C. As. Nos. 1487 to 1505 of 1998).Abid Hassan Minto,
UNITED BANK LIMITED through PresidentvsSHAHMIM AHMED KHAN and 41 others
Law:
Section:
(a) United Bank Limited (Staff) Service Rules, 1981--- ----S. 15(1)---Constitution of Pakistan (1973), Arts.212(3) & 25---Service Tribunals Act (LXX of 1973), S.2-A---Bank employees---Compulsory Retrenchment Scheme---Payment of benefits for retrenched employees---Orders of reinstatement of such employees by Service Tribunal---Validity---Leave to appeal was granted by Supreme Court to employer Bank to examine question of law as to whether, in spite of the fact, that the employees were deemed to be civil servants for the purpose of the Civil Servants Act, 1973, they remained employee of a Corporation and, therefore, in the absence of any statutory rules, the relationship between the Bank and the employees was that of master and servant; that. Bank was entitled to downsize the number of the staff in view, of he economic stress; that the Bank was entitled to reorganize its business in order to run it more efficiently and if, in the process, some members of the staff had become redundant, Bank was entitled to terminate their services, that Service Tribunal had enunciated various points of law in its contrary to the s laws enunciated by the Supreme Court; that Service Tribunal had erred in ordering the reinstatement of retrenched employees and also the continuation of respondents that even if there was some error on the part of Service Tribunal in enunciating the legal position on various points, but the conclusion, namely, that the Retrenchment Scheme was illegally applied to the employees, was correct and Scheme was, inter alia, violative of Art. 25 of the Constitution and also was in breach of principle of natural justice. Raziuddin v. Chairman, Pakistan International Airlines Corporation and 2 others PLD 1992 SC 531; United Bank Limited v. Ahsan Akhtar and others 1998 SCMR 68; K. Rajendran and another v. State of Tamil Nadu and others AIR 1982 SC 1107; Zeal Pak Cement Factory Ltd., Hyderabad v. The Chairman, West Pakistan Industrial Court, Lahore and others PLD 1965 SC 420 and Pakistan Petroleum Workers Federation v. Burmah-Shell Oil Storage and Distributing Co. of Pakistan Ltd. PLD 1961 SC 497 ref. (b) Service Tribunals Act (LXX of 1973)--- ----S. 2-A [as…
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