Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 188---Supreme Court Rules, 1980, 0. XXVI, R. 1---Review of Supreme Court ---Scope-Review petition is sustainable where a glaring omission or patent mistake has crept in the under review on account of judicial fallibility---Where error in any decision floats on the surface and/or is manifest on the face of the record, which is so material that had the same been noticed prior to the rendering thereof, the conclusion would have been different, petition for review would be maintainable. (b) Service Tribunals Act (LXX of 1973)-------S. 4---Constitution of Pakistan (1973), Art.199---Appeal- Scope--­Factum of the rules of service of appellant being statutory or non-statutory would not debar the Service Tribunal to enforce the same as that point would be relevant in cases of exercise of writ jurisdiction because there the violation of statutory rules would be prerequisite for issuance of writ. (c) Service Tribunals Act (LXX of 1973)------Ss. 2-A & 5---If the services of any person covered by S.2-A, Service Tribunals Act, 1973 were wrongly/illegally terminated, his grievance could be appropriately remedied by the appropriate Service Tribunal under S.5, Service Tribunals Act, 1973. (d) Master and servant------- Rule of---Concept---Rule of master and servant is a common law concept which falls in the realm of contract. (e) Service Tribunals Act (LXX of 1973)-------Ss. 4 & 5---Termination of service---Appeal---Jurisdiction of Service Tribunal---Scope---Rule of master and servant being a common law concept which fell in the realm of contract, it was wrong to contend that on the theory of master and servant relationship the Service Tribunal was not authorised to reinstate an employee whose services had been illegally terminated. (f) Civil service------- Termination of service---Employer, after having elected to apply the constraints of contract/temporary assignment against the employees, could not make a U-turn by placing reliance on the Service Rules of the establishment. (g) Civil service-------Retrenchment---Scope---Termination of services of the employees was not only found wrongful/illegal but also discriminatory…

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