| Citation(s) |
|---|
| 2010 SLG 2817 2010 SLD 2817 2010 SCMR 1381 |
Supreme Court of Pakistan
Civil Petitions Nos.2094 to 2102 of 2005, decision dated: 18-3-2010
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. CH. IJAZ AHMED AND KHALIL-UR-REHMAN RAMDAY, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Civil Petitions Nos.2094 to 2102 of 2005, decision dated: 18-3-2010
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. CH. IJAZ AHMED AND KHALIL-UR-REHMAN RAMDAY, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
STATE LIFE INSURANCE CORPORATION OF PAKISTAN and others
VS
. Syed HASSAN ALI SHAH and others
Law:
Section:
State Life Employees' Service Regulations (1973)-------Regln. 4(ii)(c)(1)(2)---Termination of service---Performance of employees---Commercial organization---Business targets---Respondents were employees of Insurance Corporation and their services were terminated on account of their poor performance, as they failed to achieve requisite targets of business---Service Tribunal allowed appeals filed by employees and reinstated them in service---Validity---Performance standard was in fact the condition prescribed under Regln.4(ii)(c)(1)(2) of State Life Employees' Service Regulations, 1973---Insurance Corporation was a 'commercial organization, therefore, its employees were bound to show performance, otherwise it would be difficult for the organization to continue its existence---Where commercial activity was the basis for running of the same, relevant rules/regulations were to be construed/applied and incorporated strictly---Judgment passed by Service Tribunal was set aside by Supreme Court---Appeal was allowed. Chairman, State Life Insurance Corporation of Pakistan and another v. Ali Muhammad Bangash 2002 SCMR 936 distinguished. Mazullah Khan v. Zonal Head, State Life Insurance Corporation, Peshawar and others, 2008 SCMR 617 rel. Mr. Sher Zaman Khan for Petitioners. Mr. Khalil Abbas, Advocate Supreme Court and Arshad Ali Ch. Advocate-on-Record for Respondents (with Respondent in person). Date of hearing: 18th March, 2010. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C J.--- These petitions for leave to appeal have been filed under Article 212(3) of the Constitution against the judgment dated 16-6-2005 passed by the Federal Service Tribunal. 2. Relevant facts for disposal of the case are that the petitioner organization while dealing in the State Life Insurance appointed the respondents as Area Managers from time to time, subject to performance standard incorporated in the appointment letters. As identical questions of law and facts are involved and the appeals have been decided by a single judgment, therefore, relevant condition from one of the appointment letters, dated 8-2-1996 from C.P. No.2094 of 2005 is reproduced hereinbelow:-- "I am pleased to inform you that you have…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492