| Citation(s) |
|---|
| 2005 SLG 1013 2005 SLD 1013 2005 PLC 1171 |
Federal Service Tribunal, Islamabad
Appeal Nos.1878 and 1879(K) of 1998, decision dated: 8-03-2004.
JUSTICE (R) AMANULLAH ABBASI, CHAIRMAN AND NAZAR MUHAMMAD SHAIKH, MEMBER
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Appeal Nos.1878 and 1879(K) of 1998, decision dated: 8-03-2004.
JUSTICE (R) AMANULLAH ABBASI, CHAIRMAN AND NAZAR MUHAMMAD SHAIKH, MEMBER
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SAEED KHAN MOBEJO
VS
TRADING CORPORATION OF PAKISTAN (PVT.) LIMITED through Chairman and others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)-----------Ss. 3-A & 4---Benches of Tribunal-Powers of---Appeal to Tribunal---Provisions of S.3-A of Service Tribunals Act, 1973 had clearly stipulated that all types of cases would be heard by a Bench comprising at least two members which could include the Chairman---Bench of at least two members of Tribunal could hear all types of cases---Contention that since appellant's case involved question of major penalty i.e. dismissal from service, it was required to be heard by a Bench of Tribunal consisting of Chairman and two members, was not correct. 1981 SCMR 402 ref. (b) Service Tribunals Act (LXX of 1973)----- ----Ss. 2-A & 4---Master and Servant, principle of---Applicability---Appeal to Service Tribunal---Authority had contended that it being a Private Limited Company was governed under Companies Ordinance, 1984 and thus was governed by principle of Master and Servant---Contention was repelled as with insertion of S.2-A in Service Tribunals Act, 1973, all employees of Corporation, and autonomous bodies where Government held majority shares or control, the organization would be deemed to be of the civil servants for the purpose of their service matters and Service Tribunal had exclusive jurisdiction under provisions of Service Tribunals Act, 1973 read with Art. 212 of the Constitution to deal with service matters of employees---Fact that Organization was a limited company under Companies Ordinance, 1984 would not confer on its functionaries unfettered powers over its employees and govern them on principle of master and servant relationship---Concept of such relation did not enjoy Constitutional backing or any other law including Islamic tenets---Principle of `Master and Servant' being absolutely below human dignity, would not be maintained. Muhammad Ashraf v. Director General Multan Development Authority 2000 PLC (C.S.) 796; Muhammad Akram v. Mst. Farman Bi PLD 1990 SC 28 and Sui Gas Employees's case 2003 PLC (C.S) 796 ref. (c) Trading Corporation of Pakistan Employees (Efficiency and Discipline) Rules, 1975-------- ----R. 4---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Appeal…
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