| Citation(s) |
|---|
| 2008 SLG 1672 2008 SLD 1672 2008 SCMR 725 |
Supreme Court of Pakistan
Civil Petitions Nos.2708-L to 2709-L of 2004, decision dated: 11-05-2005.(On appeal from the judgment, dated 27-7-2004 of the Federal Service Tribunal at Lahore, passed in Appeals Nos.713 and 714(L) of 1998)
KHALIL-UR-REHMAN RAMDAY AND FALAK SHER, JJ
Muhammad Ozair Chughtai, Advocate-on-Record for Petitioner in both Petitions). Sh. Khizar Hayat, Advocate Supreme Court with Ch. Talib Hussain, Advocate-on-Record (absent) for
Respondent No. 1 (in both Petitions). M. Rafiq Shad, Advocate Supreme Court and
Civil Petitions Nos.2708-L to 2709-L of 2004, decision dated: 11-05-2005.(On appeal from the judgment, dated 27-7-2004 of the Federal Service Tribunal at Lahore, passed in Appeals Nos.713 and 714(L) of 1998)
KHALIL-UR-REHMAN RAMDAY AND FALAK SHER, JJ
Muhammad Ozair Chughtai, Advocate-on-Record for Petitioner in both Petitions). Sh. Khizar Hayat, Advocate Supreme Court with Ch. Talib Hussain, Advocate-on-Record (absent) for
Respondent No. 1 (in both Petitions). M. Rafiq Shad, Advocate Supreme Court and
CHIEF EXECUTIVE PROGRESSIVE PAPERS LIMITED/CHAIRMAN, NATIONAL PRESS TRUST, ISLAMABAD
VS
JAMILUR-REHMAN and others
Law:
Section:
Service Tribunals Act (LXX of 1973)---S. 4---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service---Employees were dismissed from service simply on remaining absent from duty for two hours in case of one employee and for seven hours in case of the other---Service Tribunal set aside orders terminating services of said two employees and remanded case to employer for fresh proceedings in accordance with law to be held by a fair and impartial officer of the employer---Employer could not point out any illegality or infirmity in impugned of Tribunal which could qualify. petitioner for grant of leave to appeal in terms of the Art.212(3) of the Constitution---Disciplinary proceedings against employees had been held by a privately engaged Advocate whose impartiality and independence was found to be open to exception---No exception could be taken to opinion of Tribunal or to impugned which had left the employer free to hold fresh proceedings in the matter to determine the guilt or otherwise of the employees---Employer having dragged employees unnecessarily into litigation, employer was directed to pay costs to the employees. JUDGMENT KHALIL-UR-REHMAN RAMDAY, J.--- This order shall dispose of Civil Petitions Nos.2708-L and 2709 of 2004 as they arise out of the same consolidated judgment of the Federal Service Tribunal, dated 27-7-2004 and involve similar questions of law and facts. 2. On the charge of remaining absent from duty for two hours in the case of the private respondent in C.P. No.2708-L of 2004 and for seven hours in the case of the private respondent in C.P. 2709-L of 2004, they were both dismissed from service. The matter remained pending with the learned Service Tribunal and the Honourable High Court on account of a controversy regarding jurisdiction of the learned Tribunal which was finally settled by the High Court through a judgment, dated 17-4-2002. The learned Tribunal then proceeded to pass the impugned judgment dated 27-7-2004 whereby the orders terminating the services of the said two respondents were set aside and the case was remanded back to…
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