Case Details

Citation(s)
2001 SLG 1340 2001 SLD 1340 2001 PLD 193
Supreme Court of Pakistan
Civil Petitions Nos.1167/2000, 1184/2000 to 1186/2000, 1192/2000 to 1199/2000, 1202/2000 to 1212/2000, 1218/2000 to 1230/2000, 1232/2000 to 1251/2000, 1274/2000 to 1291/2000, 1293/2000 to 1344/2000,1355/2000 to 1365/2000, 1373/2000 to 1379/2000, 1382/2000
IRSHAD HASAN KHAN, CJ CH. MUHAMMAD ARIF AND QAZI MUHAMMAD FAROOQ, JJ
Abid Hasan Minto, Senior Advocate Supreme Court with Meh Khan Malik, Advocate-on-Record. M.A. Zaidi, Advocate-on-Record (in C.Ps Nos. 1554 to 1559 and 1580 of 2000). Raja Muhammad Akram, Senior Advocate Supreme Court (in C.Ps. Nos. 1554 to 1559 and 1580 o

MAHBOOB HUSSAIN QAMAR and others

VS

UNITED BANK LIMITED through President and others

Law:

Section:

Service Tribunals Act (LXX of 1973)-------S. 2-A---Object of S.2-A, Service Tribunals Act, 1973---Main object of the declaration made under S.2-A of the Act was to provide a remedy of appeal to the employees of the Banks and others to safeguard their interests against the orders/actions taken by their Employers/ Corporation/Private Companies regarding action taken beyond the Rules/ Regulations/Statutes. Mabood Khan v. Agricultural Development Bank of Pakistan 1989 SCMR 41 distinguished. United Bank Limited through President v. Shahmim Ahmed Khan and 41 others PLD 1999 SC 990; Akram Zahoor v. Federation of Pakistan 2000 SCMR 1232 and Civil Petition No.2110-L of 2000 ref. JUDGMENT IRSHAD HASAN KHAN, C.J.---Through this common judgment we intend to dispose the above petitions together for the reason that the questions of law and facts involved in all these causes are akin to each other. 2. Briefly stated the facts leading to the institution of these petition; are that the petitioners' services with respondent No. l-United Bank Limited were terminated and/or retirement orders passed on 10-10-1997 it consequence of the Retrenchment/Retirement Scheme enforced by the Bank on 9-10-1997. The prayer clause in all the appeals before the Federal Service Tribunal (hereinafter referred to as the Tribunal revolves around the setting aside of the termination/retirement orders dated 10-10-1997 as being illegal and void ab initio. Same is the position with regard to the relief regarding all consequential benefits. 3. It was in United Bank Limited through President v. Shahmim Ahmed Khan and 41 others PLD 1999 SC 990 that this Court set aside the judgment of the Tribunal in other similar causes upholding setting aside of the termination/retirement orders dated 10-10-1997 by allowing appeals of the respondent-Bank. Subsequently, the Tribunal examined in detail the retrenchment orders dated 10-10-1997 in 395 appeals filed by some of the employees of the United Bank Limited including Appeal No.249(L) of 1998 ruling on 23-8-1999 that the bank is within its right to direct the retrenchment of its employees. This judgment of the Tribunal was challenged before this Court through Civil…
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