Case Details

Citation(s)
2002 SLG 1945 2002 SLD 1945 2002 PLC 1337
Lahore High Court
Writ Petitions Nos.15124, 15025 and 15026 of 2001, decision dated: 14-09-2001.
IJAZ AHMAD CHAUDLRRY, J

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STATE BANK OF PAKISTAN, RETIRED EMPLOYEES WELFARE ASSOCIATION (REGD.) through Secretary General

VS

THE STATE BANK OF PAKISTAN through Governor/Manager State Bank of Pakistan Lahore and another

Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------S.2-A---Constitution of Pakistan (1973), Art. 212---Ex-employees of statutory corporation---Jurisdiction of Service Tribunal---Scope---Ex-­employees of State Bank of Pakistan invoked jurisdiction of High Court under Art. 199 of the Constitution for enforcement of terms and conditions of service---Validity---State Bank of Pakistan was statutory corporation and by virtue of amendment brought in the Statute in the form of S.2-A in the Service Tribunal Act, 1973, such employees had been included in the definition of civil servants---Employees of State Bank of Pakistan being amenable to the jurisdiction of Federal Service Tribunal, the bar contained in Art.212 of the Constitution was applicable in the matters relating to the terms and conditions of civil servant---High Court thus could not interfere. (b) Constitution of Pakistan (1973)--- ----Arts,199 & 212---Constitutional jurisdiction of High Court---Scope--­When matter relates to terms and conditions of service Constitutional petition is not maintainable. (c) Constitution of Pakistan (1973)--- ----Arts.199 & 212---Service Tribunals Act (LXX of 1973), S.2-A--­Constitutional petition--Maintainability---Association of ex-employees of State Bank of Pakistan assailed new pension scheme introduced by the Bank---Validity---Where a relief could not be claimed by the individual, same could not be claimed by the Association for the benefit of the individuals to whom the jurisdiction of High Court was barred under Art. 212 of the Constitution---Constitutional petition was not maintainable in circumstances. I.A. Shirwani v. Government of Pakistan 1991 SCMR 1041 ref. Waqar Azeem for Petitioner. Kh. Saeed-uz-Zafar, Dy. A.-G. for Respondents. ORDER I intend to dispose of Writ Petitions Nos. 15124 of 2001, 15025 of 2001 and 15026 of 2001 filed by the State Bank of Pakistan Retired Employees Welfare Association as identical questions of law and facts are involved in all of them. However, it shall remain on the tile of Writ Petition No. 15124 of 2001. 2. The brief facts of the case are that the petitioner claims to be a welfare organization dedicated for the welfare of its…
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