Law:

Section:

(a) Service Tribunals Act (LXX of 1973)--------Ss. 2-A & 4---Termination from service---Godown staff/daily wages employees---Status---Employees had been working with bank for the past many years on daily wages in various categories---Bank had terminated their services on the ground that although the employees were appointed by the bank yet their salaries were being paid by the borrowers/ loanees---Validity---As the employees were not selected or recommended by the borrowers/loanees, therefore, on no principle of law and equity, they could be treated to be the employees of the borrowers/loanees---If the salaries of temporary employees / godown staff or the daily wages employees were debited to the borrowers account that would make no difference since for all practical purposes and legal consequences the employees were placed under the administrative control of the bank. (b) Islamic jurisprudence--- --Islamic State---Obligations---Islamic Welfare State is under obligation to establish a society, which is free from exploitation wherein social and economic justice is guaranteed to its citizens. (c) Industrial dispute----- ----Employer and employees---Bargaining strength---Termination from service---Godown staff / daily wages employees---Employees had been working with bank for the past many years on daily wages in various categories---Bank had terminated their services on the ground that although the employees were appointed by the bank yet their salaries were being paid by the borrowers/loanees---Validity---No equilibrium of bargaining strength between employer and employees existed---Manner in which the employees had been dealt with by the bank was a fraud on the statute. (d) Constitution of Pakistan (1973)----- ----Arts. 2-A, 3 & 38---Public administration---Doctrine of good governance---Applicability---Objectives Resolution, by virtue of Art.2-A of the Constitution, has been made substantive part of the Constitution which unequivocally enjoined that in State of Pakistan the principles of equality, social and economic justice as enunciated by Islam would be fully observed which would be guaranteed as fundamental rights---Principles of policy contained in…

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