Law:

Section:

(a) Removal From Service (Special Powers) Ordinance (XVII of 2000)-----­----Ss. 3 & 5---Dismissal/removal from service---Pre-conditions---When there were no charges of inefficiency, guilty of misconduct, corruption etc. and no inquiry as required under S.3 of Removal from Service Ordinance, 2000, was conducted against civil servant, the provisions of Removal. from Service Ordinance, 2000 could not be invoked. (b) Utility Stores Corporation of Pakistan (Pvt.) Ltd. Service Rules, 1981-­ ----Rr.4 & 18 (g)---Removal from Service (Special Powers) Ordinance (XVII of 2000), S.3---Service Tribunals Act (LXX of 1973), Ss.2-A & 4---Removal from service---Principle of audi alteram partem-- Applicability---Retrenchment, principle of lifo (last in first, out) --- Utility Stores Corporation of Pakistan (Pvt.) Ltd. removed its employees from service under the provisions of Removal from Service (Special Powers) Ordinance, 2000, without giving any show-cause notice. to them---Order of removal from service was assailed before Service Tribunal under Ss.2-A and 4 of Service Tribunals Act, 1973---Service Tribunal allowed appeals filed by the employees and directed the Corporation to reinstate them---Plea raised by the Corporation that removal was with the object of retrenchment' and no show-cause notice was required under Utility Stores Corporation of Pakistan (Pvt.) Ltd. Service Rules, 1981--­Validity---Corporation failed to prove that retrenchment was necessary-­Procedure adopted by the. Corporation for removing the employees from service was neither in law nor on facts was justified---Principle of lifo was also not applied, instead discriminated treatment was given` to the employees---Although financial difficulties of the Corporation were argued before the Supreme Court, yet no document to substantiate the contention was referred to---Corporation failed to bring necessary amendments in Utility Stores Corporation of Pakistan (Pvt) Ltd. Service Rules, 1981 and present was not a case of termination simpliciter---All observations made by Service Tribunal in its held the field and the Corporation could proceed against the employees having complied with the deficiencies…

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