Law:

Section:

Service Tribunals Act (LXX of 1973)--- ----S.4---Constitution of Pakistan (1973), Art. 212(3)---Question of fact--­Factual controversy set -at rest by Service Tribunal in post remand proceedings after conducting requisite inquiry---Such question could not be re-opened/re-agitated before Supreme Court. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---Through this common judgment we intend to dispose of the above mentioned identical Civil Petitions Nos.2844 to 3008 of 2001, which have arisen from judgment, dated 28-7-2001. passed by the Federal Service Tribunal, Islamabad (hereinafter, referred to as the Tribunal). 2. Brief facts are that in an earlier round Civil Petitions Nos.950 to 1113 of 2001 were brought before this Court by the Governor, State Bank of Pakistan and others against Bank-employees therein. The sole grievance expressed in those petitions was that the following observation made by the Chairman of the Tribunal in the impugned judgment therein was based on an erroneous assumption of fact:-- ".... During the course of hearing, the departmental representative candidly submitted that the income-tax recovered from the employees will be reimbursed to them..." Those petitions were disposed of with the following observations:-- "10. Needless to observe that in the connected petitions brought by the Governor, State Bank of Pakistan and others against the respondent/employees, the sole grievance, of the petitioners therein is that the observation of the learned Chairman of the Tribunal in the impugned judgment to the effect: " ....During the course of hearing, the departmental representative candidly submitted that the income-tax recovered from the appellants will be reimbursed to them", is based on erroneous assumption of fact in that neither any counsel for the bank nor any representative of the bank made any statement before the Tribunal during the course of proceedings that income-tax will be reimbursed to the respondents/employees. With consent of Mr. Fakhruddin G. Ibrahim, Mr. Abdul Mujeeb Pirzada, Mr. Muhammad Munir Peracha, Mr. M. Bilal and Mr. K.M.A. Samdani learned counsel for the parties, we remit the case to the Tribunal to examine this question fresh in…

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