| Citation(s) |
|---|
| 2002 SLG 695 2002 SLD 695 = 2002 SCMR 1034 |
Supreme Court of Pakistan
Civil Appeals Nos. 2117 to- 2134 of 2001 and 12 of 2002,decided on 12th February, 2002. (On appeal from thejudgments/orders dated 29-5-2001 and 26-6-2001 passed byFederal Service Tribunal, Karachi in Appeals Nos.928(K)/1998 to 936(K)/1998 and 1191(K)/
IFTIKHAR MUHAMMAD CHAUDHRY, HAMID ALI MIRZA AND ABDUL HAMEED DOGAR, JJ
Wasim Sajjad, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Appellants (in C.As. Nos.2117 to 2125 of 2001). Javed Iltaf, Advocate Supreme Court and Sh. Slaha-ud-Din, Advocate-on-Record for
Respondents (in C.As. Nos.2117 to 2125
Civil Appeals Nos. 2117 to- 2134 of 2001 and 12 of 2002,decided on 12th February, 2002. (On appeal from thejudgments/orders dated 29-5-2001 and 26-6-2001 passed byFederal Service Tribunal, Karachi in Appeals Nos.928(K)/1998 to 936(K)/1998 and 1191(K)/
IFTIKHAR MUHAMMAD CHAUDHRY, HAMID ALI MIRZA AND ABDUL HAMEED DOGAR, JJ
Wasim Sajjad, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Appellants (in C.As. Nos.2117 to 2125 of 2001). Javed Iltaf, Advocate Supreme Court and Sh. Slaha-ud-Din, Advocate-on-Record for
Respondents (in C.As. Nos.2117 to 2125
ABDUL HAFEEZ ABBASI and othersvsMANAGING DIRECTOR, PAKISTAN INTERNATIONAL AIRLINES CORPORATION, KARACHI and others
Law: Service Tribunals Act, 1973
Section: 2A,4,5,6
Law: Supreme Court Rules, 1980
Section: O.XIII,R.1
Law: Pakistan International Airlines Corporation Act, 1956
Section: 5(2)
Law: Constitution of Pakistan, 1973
Section: 212(3),185
(a) Service Tribunals Act (LXX of 1973)------Ss. 2-A, 4, 5 & 6---Constitution of Pakistan (1973), Art.212(3)--�Supreme Court Rules, 1980, O.XIII, R.1---Employees of Pakistan International Airlines Corporation---Supreme Court granted leave to appeal to consider, whether the appeals filed by the employees before Service Tribunal were not competent for want of making departmental appeals; whether they were reinstated into service on correct premises, whether they were entitled to back benefits and that the Tribunal was not justified in law in treating the period of their termination as leave without pay---Petitions filed by the employer were barred by one day, wherein Supreme Court granted leave subject to determination of the question of limitation.(b) Service Tribunals Act (LXX of 1973)-------S. 2-A---Object and scope of S.2-A, Service Tribunals Act, 1973--�Section 2-A of Service Tribunals Act, 1973 has extended a right to all the employees of the category falling within its ambit to have a forum of Federal Service Tribunal for redressal of their grievances expeditiously instead of approaching the Civil Courts---Such employees have been treated/declared to be in the service of Pakistan only for said limited purpose, otherwise for all practical purposes, they cannot be treated in the service of Pakistan nor they enjoy rights/obligations available to a civil servant under Civil Servants Act, 1973.(c) Service Tribunals Act (LXX of 1973)-------S. 4---Constitution of Pakistan (1973), Art. 212(3)---Appeal---Re-instatement---Back benefits---Service Tribunal ordered re-instatement of appellants, but treated the period during which they remained out of job as leave without pay---Validity---Employee in order to become entitled to back benefits had to demonstrate before the original forum that during the pendency of appeal, he had not made any earnings by engaging himself into profit oriented activity either by accepting .an employment or doing some business---Such prayer necessarily had to be made in the pleadings--�Appellants in the present case had not mentioned in memo. of appeals filed before Service Tribunal about their engagement in commercial activities…