| Citation(s) |
|---|
| 2002 SLG 1289 2002 SLD 1289 2002 SCMR 950 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 1162, 1163 and 1164 of 2001, decision dated: 15-01-2002(On appeal from judgment of Federal Service Tribunal dated 6-2-2001 passed in Appeal N. 103(P)(CE)/2000)
MUNIR A. SHEIKH, QAZI MUHAMMAD FAROOQ AND RANA BHAGWANDAS, JJ
Javed A. Khan, Advocate Supreme Court and M. Zahoor Qureshi, Advocate-on-Record for Petitioner. M.S. Khattak, Advocate-on-Record for
Respondents
Civil Petitions for Leave to Appeal Nos. 1162, 1163 and 1164 of 2001, decision dated: 15-01-2002(On appeal from judgment of Federal Service Tribunal dated 6-2-2001 passed in Appeal N. 103(P)(CE)/2000)
MUNIR A. SHEIKH, QAZI MUHAMMAD FAROOQ AND RANA BHAGWANDAS, JJ
Javed A. Khan, Advocate Supreme Court and M. Zahoor Qureshi, Advocate-on-Record for Petitioner. M.S. Khattak, Advocate-on-Record for
Respondents
C.P.L.A. No. 1162 of 2001 Ch. MUHAMMAD ASHRAF
VS
STATE LIFE INSURANCE and others C.P.L.A. No. 1163 of 2001 MUMTAZ SHAHID Vs STATE LIFE INSURANCE and others C.P.L.A. No. 1164 of 2001 MIROZ KHAN Vs STATE LIFE INSURANCE and others
Law:
Section:
State Life Insurance Employees (Service) Regulations, 1973---Part II, S.4---Service Tribunals Act (LXX of 1973),. Ss.2-A & 4--Constitution of Pakistan (1973), Art.212(3)---Termination of service--Services of the petitioners employed as Area Managers in State Life Insurance Corporation were terminated on account of unsatisfactory performance for not achieving the requisite amount , of business---Service Tribunal dismissed the petitioners' appeals on the ground that they were not permanent employees, thus, their services could be terminated as contract employees, if their performance was not found to be satisfactory--Contention of petitioners was that their services could not be terminated at the whims of the officers; according to State Life Insurance Employees (Service) Regulations, 1973, such action could be taken, which might be prescribed generally and specially by the Board; and that respondents had not referred to any decision made by the Board for taking action against an Area Manager in such circumstances---Validity---Appointment letters of petitioners as Area Managers showed that it was not an appointment on contract basis---Order of dismissal from service was made on the basis of terms and conditions of their appointment, which did not contain any condition for securing business to a particular limit---Service Tribunal had failed to appreciate the petitioner's case on merits on the assumption that they were contract employees---Supreme Court granted leave to appeal to further examine the case in the light of submissions made by the petitioners. ORDER MUNIR A. SHEIKH, J.---By this common order we propose to decide above civil petitions involving identical questions of law and fact. 2. Services of the petitioners, who were Area Managers in State Life Insurance Corporation, were terminated on account of unsatisfactory performance for not achieving the requisite amount of business in terms of money, which orders were challenged before the Federal Service Tribunal by filing appeals, which have been dismissed through the impugned judgment dated 6-2-2001, against which leave to appeal is sought. 3. It appears that Federal Service Tribunal dismissed the…
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