Law: Service Tribunals Act, 1973

Section: 4

Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) Service Tribunals Act (LXX of 1973)---   ----S.4---Constitution of Pakistan (1973), Art. 212 (3)---Judgment passed by Service Tribunal---Implementation---Respondents . got retirement under Mandatory Retirement Scheme but petitioner Corporation did not pay them their dues---Appeal filed by respondents was allowed by Service Tribunal and the petitioner Corporation was directed to pay their dues---Validity---Respondents were employees of petitioner Corporation and were offered certain benefits in lieu of their proceeding on early retirement for certain considerations best known to petitioner Corporation---Beneficial aspect of the policy vis-a-vis concerned employees was dominant consideration and construction having the effect of depriving them of benefits envisaged therein could not be adopted---Admissibility of annual increments and encashment for PL/Leave Preparatory to Retirement were not allowed by way of concession---On the contrary they were the normal benefits/entitlements admissible to concerned employees, therefore, the same could not be withheld on any ground or principle governing interpretation of instruments, such as the Scheme in question---Supreme Court directed petitioner Corporation to accept the benefit of increments and encashment for PL/Leave Preparatory to Retirement within a period of one month---Leave to appeal was refused.    Abdul Hameed Nasir v. National Bank of Pakistan 2003 SCMR 1030 ref.   (b) Service Tribunals Act (LXX of 1973)---   ----S. 4---ESTACODE, 2007 Edition, Sr.No.11, Vol. II, P.1272---Judgment of Service Tribunal---Filing of appeal---Pre-condition---If it is decided, in consultation with Law and Justice Division that order passed by Service Tribunal does not involve any substantial question of law of public importance for moving Civil Petition for Leave to Appeal before Supreme Court, that order should be implemented forthwith under intimation to Registrar, Service Tribunal.    ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---These petitions have been filed by Messrs Pakistan International Airlines Corporation (PIAC) seeking leave to appeal against the order dated 9-10-2008 of the Federal…

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