Case Details

Citation(s)
2004 SLG 1646 2004 SLD 1646 2004 PLC 992
Supreme Court of Pakistan
Civil Appeals Nos. 15 to 47, 203 to 207 of 2002 and Civil Petitions No.744-L, 1828 to 1830 and 598-L of 2001, decision dated: 17-03-2004.
JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ

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C. As. Nos. 15 to 47 of 2002 PAKISTAN STATE OIL COMPANY LTD.

VS

M. AKRAM KHAN and others C.As. Nos. 203 to 207 of 2002 PAKISTAN STATE OIL CO. LTD. and others vs MUNAWAR A. SHEIKH and others C.A. No.744L of 2001 NAEEMULLAH BHATTI vs GOVERNMENT O

Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------Ss. 2-A & 4---Constitution of Pakistan (1973), Art. 212 (3)--­Employees of Corporation controlled by Government---Contract of employment regulating terms and conditions of service---Dismissal from service without issuing show-cause notice, assigning any reason or holding any inquiry---Employees initially sought their remedy by way of filing suit and Constitutional petition before High Court and lastly resorted to remedy under S. 2-A of Service Tribunals Act, 1973--­Service Tribunal, after condoning delay, accepted appeals by reinstating employees in service with back-benefits---Validity---Contract of employment provided for pension, gratuity, leave, age of superannuation, termination simpliciter and dismissal from service, house rent allowance, conveyance allowance, travel and transfer allowances, provident fund, gratuity and medical matters---Employees would be governed by clause relating to dismissal from service provided in such contract itself, whereby right of receiving show cause and reply thereof had been given---Action of Corporation violating principles of natural justice would be without lawful authority and of no legal effect--­Tribunal had rightly condoned delay in circumstances---Supreme Court dismissed appeal while maintaining impugned with observations that Corporation, if wanted to proceed against employees, would issue to them meaningful show-cause notice, providing them an opportunity to defend and personal hearing in accordance with law. Pakistan State Oil Co. Ltd. v. Muhammad Tahir Khan and others PLD 2001 SC 980; Pakistan International Airlines Corporation (PIAC) through Chairman and others v. Nasir Jamal Malik and others 2001 SCMR 934; Mrs. Anisa Rehman v. PIAC and others 1994 SCMR 2232; Pakistan and others v. Public at Large and others PLD 1987 SC Shariat Appellate Bench 304; Syed Aftab Ahmed and others v. K.E.S.C and others 1999 SCMR 197 and Managing Director Sui Surthern Gas Co. Ltd. Karachi v. Ghulam Abbas and others PLD 2003 SC 724 rel. (b) Natural justice, principles of--- ----Judicial or administrative proceedings---Principle of natural justice is attracted in the proceedings,…
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