Law:

Section:

(a) Pakistan International Airlines Manual (Regulations), 1976-- ----Reglns. 35.01, 3L5.02 & 35.04---Termination of service---Services of appellant, who was a Captain in PIA, were terminated as a matter of retrenchment with an idea to streamline PIA's financial position---While terminating employment a subjection was made to find jobs elsewhere and employees were assured possible assistance in their resettlement---Appellant found out a job for himself in a foreign Airline and made a request for grant of leave without pay as to join that Airlines and rehabilitate himself, he was not granted leave --- Since appellant had already made commitment with foreign Airline, he made an application for his retirement benefits--- Application of appellant was treated as resignation application and he was released from PIA Service without retirement benefits--­Appellant requested to be taken back and was allowed to withdraw his resignation but he was reinstated, as Captain DC-10 on certain terms and conditions which appellant accepted ---After necessary Command Check-up appellant's licence was renewed on an undertaking that he would be flying as Co ­Pilot on DC-10 for a period of one year from date of his formal clearance by management but in pursuance to a decision of management, its letter notifying withdrawal of resignation and reinstatement as Captain DC-10 was cancelled and appellant was relieved again---Service of appellant was regulated by Regulations published in Administration Manual of 197.6 which required management to give him notice before discharge and, requirement of notice was obligatory before termination of service of appellant which was not done---Held, order of termination without serving appellant with a notice was of no legal effect and without lawful authority---Order was set aside and appellant was deemed to have remained in service ,all along and he was entitled to all benefits of service. (b) Service Tribunals Act (LXX of 1973). ----Ss. 3 & 4---Appeal---Jurisdiction of Tribunal---Appellant, an employee of Pakistan International Airlines---Original order was - passed earlier than jurisdiction of Service Tribunal was extended to employees of…

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