Case Details

Citation(s)
2004 SLG 1672 2004 SLD 1672 2004 PLC 1099
Federal Service Tribunal, Islamabad
Appeal No. 1921(K) of 1998, decision dated: 10-11-2003.
AKBAR M. MEMON AND BARKAT ALI BALOCH, MEMBERS

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WALI DAD

VS

Messrs PAKISTAN INDUSTRIAL DEVELOPMENT CORPORATION (PVT.). LIMITED and 2 others

Law:

Section:

(a) Civil service------- Termination of service---Lien of employee---Employee who originally was employee of P.I.D.C., was sent on deputation to other establishment and said other establishment later on terminated services of employee as said establishment was closed under order of National Industrial Relations Commission---Order terminating services of employee was' upheld up to the Appellate forum---Employee had claimed that his lien remained with original employer P.I.D.C. from where he was sent on deputation and that said other establishment was not competent to terminate his services---Validity---On account of agreement arrived between Collective Bargaining Agent of original employer and Management of said other, establishment, incumbents including the employee had become permanent employees of the other establishment on the terms and conditions of transferee establishment---No lien, if employee; in circumstances was left with original employer from where he was sent on deputation to other establishment of which he had become permanent employee---Employee, in circumstances, could not say that he being on deputation could not be terminated by said other establishment which establishment, 9therwise had been duly closed under orders of National Industrial Relations Commission---Matter having already been closed by two competent forums, no justification was to have opened the same after a delay of 13 years. 1997 PSC 900 (Supreme Court of India); NLR 1993 T.D. (Service) 35; PLD 1980 SC 22; 1988 SCMR 1089; 1992 PLC 1129, PLD 1973 SC 236; NLR 2002 (Service) 8; 2001 SCMR 1905; 1999 SCMR 92, 1989 SCMR 1443; 1996 SCMR 284; 1992 SCMR 435; 2002 SCMR 18; PLD 1974 SC 393; PLD 1981 SC 225; 1996 SCMR 284; 2001 SCMR 328 and 2002 SCMR 1023 ref. (b) Service Tribunals Act (LXX of 1973)--- ----S.4---Appeal---Limitation---Delay, condonation of---Appellant whose services were terminated, approached Labour Court by filing grievance petition against his termination-- -Dismissal of grievance petition--­Appellant filed appeal before Labour Appellate Tribunal, which appeal was also dismissed---Appellant, thereafter filed Constitutional petition, which was dismissed as withdrawn and…
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