| Citation(s) |
|---|
| 2002 SLG 658 2002 SLD 658 2002 PLD 1063 |
Supreme Court of Pakistan
Civil Appeal No. 1266 of 2001, decision dated: 29-05-2002
RANA BHAGWANDAS, JUSTICE SYED DEEDAR HUSSAIN SHAH, JUSTICE ABDUL HAMEED DOGAR, JUSTICE
Muhammad Zaman Qureshi, Advocate Supreme Court instructed by Syed Abul Aasim Jafri, Advocate-on-Record (absent) for Appellant. Kh. Muhammad Akram, Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate-on-Record for
Respondents.
Civil Appeal No. 1266 of 2001, decision dated: 29-05-2002
RANA BHAGWANDAS, JUSTICE SYED DEEDAR HUSSAIN SHAH, JUSTICE ABDUL HAMEED DOGAR, JUSTICE
Muhammad Zaman Qureshi, Advocate Supreme Court instructed by Syed Abul Aasim Jafri, Advocate-on-Record (absent) for Appellant. Kh. Muhammad Akram, Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate-on-Record for
Respondents.
JAMSHED AKHTAR
VS
PAKISTAN AGRICULTI, TRAL STORAGE AND SERVICES CORPORATION LIMITED (PASSCO) THROUGH MANAGING DIRECTOR AND ANOTHER
Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
Section: 15
(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---S.O. 15(4)---Pakistan Agricultural. Storage and Services Corporation Ltd. (Efficiency and Discipline) Regulations, 1977---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted by Supreme Court to consider whether the petitioner was a workman having certain valuable rights protected under S.0.15(4) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and Federal Service Tribunal, without assigning any reason dismissed the appeal arbitrarily holding that the petitioner was governed by Pakistan Agricultural Storage and Service Corporation Ltd. (Efficiency and Discipline) Regulations, 1977. (b) Service Tribunals Act (LXX of 1973)--- ----S. 2-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.0.15(4)--- Dismissal from service--Pakistan Agricultural Storage and Service Corporation---Status of employees---Provisions of Service Tribunals Act, 1973---Applicability--Employee was dismissed from service on the charge of illegal and unauthorised retention of official record---Employee was dismissed from service after departmental inquiry---Appeal against the order of dismissal was filed before the Service Tribunal which was also dismissed---Employee raised the plea that he was civil servant only for the limited purpose and provisions of S.O.15(4) 'of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, were attracted in his case---Validity---Corporation (Employer) was registered under the Companies Act, 1913, as a private limited Company wherein the Federal Government had 25 % shares, whereas the remaining shares were with other nationalized scheduled Banks---Corporation being administratively controlled by the Federal Government, employees of the Corporation were deemed to be civil servants within the meaning of S.2-A of Service Tribunals Act, 1973, only for the limited purpose to avail the remedy of appeal before the Service Tribunal---Simply by insertion of 5.2-A in the Service Tribunals Act, 1973, the status of the employee would not be…
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