Law:

Section:

Service Tribunals Act (LXX of 1973)-------S.4---Constitution of Pakistan (1973), Art. 212(3)---Converting order of dismissal from service, into compulsory retirement---Jurisdiction of Service Tribunal---Scope---Contention of petitioner-Corporation was that in, absence of any provision in its Service Rules for imposing penalty of "compulsory retirement from service" upon any of its employees, Service Tribunal had exceeded its jurisdiction while converting order of respondent-employee's "dismissal from service" into "compulsory retirement" ---Contention of respondent-employee was that. Tribunal had erred in imposing major penalty of "compulsory retirement" in absence of evidence as to his guilt on record; and that Tribunal without setting aside. order of dismissal from service could not convert the same into any other penalty without establishing any nexus with proposed punishment---Supreme Court granted leave to appeal to consider such pleas of parties. Qamarul Islam Abbas, Advocate Supreme Court with K.A. Wahab, Advocate-on-Record for Petitioner (in C.P. No.348-K of 2001): Akhlaq Ahmad Siddiqui, Advocate-on-Record for Respondents (in C.P. No.348-K of 2001). Akhlaq Ahmad Siddiqui, Advocate-on-Record for Petitioner (in C.P. No.355-K of 2001). Qamarul Islam Abbas, Advocate Supreme Court with K.A. Wahab, Advocate-on-Record for Respondents (in C. P. No. 355-K of 2001). Date of hearing: 1st August, 2001. ORDER CH. MUHAMMAD ARIF, J.---Through this common order we intend to dispose of Civil Petitions Nos.348-K and 355-K of 2001 which have been resorted to by State Petroleum Refining and Petrochemical Corporation Limited and Dr. Lateef Siddiqui respectively against the judgment dated 14-3-2001 passed by the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, in Appeal No.771-K of 1999 titled Doctor Lateef Siddiqui v. State Petroleum Refining and Petrochemical Corporation Limited with, among others, the following observations:-- "18. As regard the question of limitation is concerned, it is not the case of the respondent that the appellant had not faced prolonged litigation right from Civil Court to Hon'ble High Court and thereafter Hon'ble…

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