Law:

Section:

(a) House Building Finance Corporation Service Regulations, 1957---Regln. 11---Service Tribunals Act (LXX of 1973), Ss.2-A & 4---Civil Servants Act (LXXI of 1973), S.17---General Clauses Act (X of 1897), S.24-A---Limitation Act (IX of 1908), S.14---Specific Relief Act (I of 1877), Ss.42 & 54---Constitution of Pakistan (1973), Art.212(3)--¬Termination of service---Employee initially sought relief from Civil Court, but failed upto Supreme Court, which observed that remedy of employee was before Service Tribunal---Appeal filed by employee before Tribunal was resisted by Corporation as being time-barred---Tribunal accepted appeal by reinstating employee in service, but declined to grant back benefits while treating intervening period as leave of the kind due-Supreme Court granted leave to appeal to consider, questions whether in case of abatement on insertion of S.2-A in Service Tribunals Act, 1973 on 10-6-1997, period of limitation 'to file appeal before Tribunal would commence with effect from such date; whether Service Tribunal had erred in holding that S.14 of Limitation Act, 1908 was attracted in such a case, as it is well-settled principle of law that where relationship between employee and, employer is regulated under principle of "Master and Servant", then remedy is to file suit for damages only, and that filing of suit for declaration and permanent injunction by employee and pursuing same upto Supreme Court was not only misconceived, but also vexatious; whether Service Tribunal had failed to apply provisions of S.24-A of General Clauses Act, 1897 and S.17 of Civil Servants Act, 1973 while not granting full back benefits on reinstatement of employee; and whether Service Tribunal had discriminated against employee by granting back benefits to other employees on reinstatement in service in other appeals from date of their reinstatement. (b) House Building Finance Corporation Service Regulations, 1957--- ----Regln. 11---Service Tribunals Act (LXX of 1973), Ss.2-A, 4 & 5---Civil Servants Act (LXXI of 1973), S.17---Specific Relief Act (I of 1877), Ss.42 & 54---Limitation Act (IX of 1908), Ss.5 & 14--¬Constitution of Pakistan (1973),…

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