Law:

Section:

(a) Pakistan International Airlines Corporation Personnel Policies Manual--- ---- C1. 18:06:05---Pakistan International Airlines an Essential Utility Service (M.L.R. 52), para.5---Qanun-e- Shahadat (10 of 1984), Art. 114---General Clauses Act (X of 1897), S.21---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)--­Dismissal from service under M.L.R. 52---Review Board declared such order void ab initio---Re-employment of respondent through order dated 14-2-1990 without benefit of his previous service---Authority though order, dated 3-7-1995 counted previous service bf respondent for purpose of pensionary benefits in terms of cl. 18:06:05 of PIAC Personnel Policies Manual---Respondent opted for Voluntary Golden Handshake Scheme subject to grant of benefit of service rendered by him prior to his termination and also for period during which he remained out of service in terms of letter dated 31-7-1995 issued on recommendation of Review Board---Authority accepted such option without giving benefit of service rendered prior to re-employment---Respondent approached Authority for injustice done to him by depriving him from legitimate right of re-instatement in service- with benefit of previous service, but failed---Service Tribunal accepted respondent's appeal---Validity--­Review Board had recommended re-employment of respondent with grant of benefit of previous service towards pensionary benefit and seniority---Review Board had used word 're-employment' for re­instatement and its recommendation practically was for re-instatement in service without grant of financial back-benefits---Authority having extended benefit of previous service to respondent and acknowledged same before Supreme Court in Pakistan International Airlines. Corporation v. Malik Khalid Hussain and others (C.R.P. No.7-K of 2001 etc.), could not re-trace its steps and change its position contrary to stand earlier taken before Supreme Court---Such admission of Authority would estop it from taking a different position at the cost of disadvantage to respondent in the present case---Benefit of previous service given to respondent through order dated 3-7-1995 having taken…

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