Case Details

Citation(s)
2001 SLG 1341 2001 SLD 1341 2001 PLD 176
Supreme Court of Pakistan
Civil Petitions No.979 to 1012 of 2000, decision dated: 10-07-2000
MUHAMMAD BASHIR, JEHANGIRI AND ABDUR REHMAN KHAN, JJ
Ch. Muhammad Jamil, Advocate Supreme Court and Muzaffar Ali Khan, Advocate-on-Record (in all the Civil Petitions). Wasim Sajjad, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record (in all the Civil Petitions)

THE MANAGING DIRECTOR, SUI SOUTHERN GAS CO. LTD.

VS

SALEEM MUSTAFA SHAIKH and others

Law:

Section:

(a) Service Tribunals Act (LXX of 1973)------Ss. 2-A & 4---Sui Gas Transmission Company Limited Service Rules, 1982, Rr.2.17, 6.1, 6.2 & 6.3---Constitution of Pakistan (1973). Art.212(3)---Termination from service---Non-statutory rules, enforcement of---Jurisdiction of Service Tribunal---Principle of estoppel ---Applicability--­Respondents were employees of the petitioner-company who were inducted as trainee engineers, despite working for more than four years they were not confirmed and their services were terminated---Service Tribunal allowed appeals of the respondents/employees and directed the petitioner-Company to issue the letter of absorption to the respondents---Contention of the petitioner-company was that rules framed by the company were non­statutory, therefore, the Tribunal had no jurisdiction to adjudicate the matter---Validity---Petitioner was a Company owned and controlled by Federal Government, therefore, it could not be expected of the Government to enact rules and then not to enforce the same or to violate merely because the rules did not have the status of statutory rules ---Factum of the rules being statutory or non-statutory would not debar Service Tribunal to enforce the same---Petitioner-company, under the principle of general law of estoppel, could not be allowed to object to the invocation of the rules by the employees/respondents and as such could not be permitted to violate and dis­honour their commitments/undertaking given by it---Service Tribunal could not be condemned in enforcing the rules which the Board of Directors of the petitioner-company had framed---Service Tribunal had enforced the application of the rules and had not flawed in any way---Neither there was any legal flaw in the of the Service Tribunal, nor there was any substantial point of public importance---Leave to appeal was refused by Supreme Court. United Bank Limited through President v. Shahmim Ahmed Khan and 41 others PLD 1999 SC 990 distinguished. (b) Service Tribunals Act (LXX of 1973)-------S. 4---Constitution of Pakistan (1973), Art. 212(3)---Time-barred appeal---Failure to raise such objection before Service Tribunal---Objection was neither taken up in…
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