| Citation(s) |
|---|
| 2000 SLG 910 2000 SLD 910 2000 SCMR 1119 2000 SLD 1322 2000 SCMR 1119 |
Supreme Court of Pakistan
Civil Petition No.496-L of 1999, decision dated: 30-11-1999.
SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
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Civil Petition No.496-L of 1999, decision dated: 30-11-1999.
SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
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MUHAMMAD AFZAL CHADHAR
VS
THE ZONAL CHIEF, UNITED BANK LIMITED, ZONAL OFFICE, JHANG and 2 others
Law:
Section:
Service Tribunals Act (LXX of 1973)--S.2-A---Provision of S.2-A, Service Tribunals Act, 1973 enforced w.e.f. 10-6-1997 being related to procedure would apply to all pending cases. Divisional Engineer Phones, phones Division Sukkur and another V. Muhammad Shahid and others 1999 PLC (C.S.) 1208 Adnan Afzal v. Captain Sher Afzal PLD 1969 SC 187 and United Bank Limited through President v. Shamim Ahmad Khan and 41 others 1999 PLC (C.S.) 1032 ref. Mian Mahmood Hussain, Advocate Supreme Court for Petitioner. Mian Muhammad Saleem, Advocate Supreme Court for Respondents. Date of hearing: 30th November, 1999. JUDGMENT CH. MUHAMMAD ARIF, J---Leave to appeal Article 185 (3) of the Constitution of the Lahore High Court in petitioner's Writ Petition No. 15668 whereby the judgment, dated 22-7-1998 of the Punjab Tribunal, Lahore holding that: "...In the light of insertion of section 2-A of (Federal) Service Tribunals Act, 1973, and the latest view of the Supreme Court of Pakistan, the appeal has abated. The parties will be at liberty to have access to the competent forum for further pursuit of the matter ..." was upheld. 2. Petitioner-Muhammad Afzal Chadhar filed an application against the Zonal Chief, United Bank Limited, Zonal Office, Jhang under section 25-A of the Industrial Relations Ordinance (No.XXIII of) 1969, hereinafter referred to as the Ordinance, challenging the issuance of 2 charge-sheets to him on 5-6-1996 and 16-10-1996 as also his subsequent dismissal from service of -the bank, as a Typist, on 26-4-1997. The Punjab Labour Court No.5, Sargodha took necessary proceedings in the application under section 25-A of the .Ordinance and allowed the same vide judgment, dated 28-3-1998 by setting aside the charge-sheet as also the dismissal order and directing the reinstatement in service of the petitioner. 3. As already mentioned above, the respondent-bank succeeded in its appeal before the Punjab Labour Appellate Tribunal on 22-7-1998. 4. The learned Judge in Chambers of the Lahore High Court,. Lahore dismissed Writ Petition No. 15668 of 1998 with. following observations:-- "In the present case, there is absolutely no doubt that section 2-A was enforced on 10-6-1997…
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