| Citation(s) |
|---|
| 2007 SLG 1929 2007 SLD 1929 2007 PLC 458 |
Supreme Court of Pakistan
Civil Petitions Nos.2833-L to 2840-L, 2846-L to 2856-L of 2004 along with Civil Petitions Nos. 2981-L and 3030-L of 2004, decision dated: 29-12-2004
IFTIKHAR MUHAMMAD CHAUDHRY AND TASSADUQ HUSSAIN, JILLANI, JJ
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Civil Petitions Nos.2833-L to 2840-L, 2846-L to 2856-L of 2004 along with Civil Petitions Nos. 2981-L and 3030-L of 2004, decision dated: 29-12-2004
IFTIKHAR MUHAMMAD CHAUDHRY AND TASSADUQ HUSSAIN, JILLANI, JJ
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STATE LIFE INSURANCE CORPORATION and others
VS
MUHAMMAD JAVAID and 21 others STATE LIFE INSURANCE CORPORATION and others vs MUHAMMAD JAVAID and 21 others
Law:
Section:
State Life Insurance Employees Services Regulations, 1973-------Reghn. 4(ii), C(1) and (2)---Constitution of Pakistan (1973), Art.212(3)---Termination of service for non-achieving target quota of business---Reinstatement in service by Service Tribunal without back benefits---Validity---According to appointment letter, Area Manager was supposed to achieve First Year Premium in four quarters---Employee show-cause notice before expiry of 4th quarter alleging therein his failure to achieve requisite quota---Employee before Tribunal had not produced evidence indicating that when he was out of job, remained idle and had not been making earnings---Tribunal while making directions for reinstatement of employee should have left question of grant of back benefits for decision of department after recording evidence, if produced by him---Supreme Court directed forthwith reinstatement of employee in service enabling him to show performance according to appointment letter within a period of one year. Chairman, State Life Insurance Corporation of Pakistan v. Ali Muhammad Bangash 2002 SCMR 936 and The Chairman State Life Insurance Corporation of Pakistan and others v. Muhammad Siddique in C.P. 1213 to 1215 of 2003 and others ref. Abdul Hafeez Abbasi v. Managing Director Pakistan International Airlines Corporation 2002 SCMR 1034 fol. Sher Zaman Khan, Advocate Supreme Court, Fazal Zaman Khan, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Petitioners (in C.Ps. 2833-L to 2840-L/2004 and C.Ps. 2846-L to 2856-L/2004 and C.P. 2981-L and 3030-L/2004). Respondents in person (in C.Ps. 2833 and 2834-L/2004, C.Ps.2852-L and 2854-L/2004 and C.P. 3030-L/2004). Asmat Kamal, Advocate Supreme Court and Mehnnood-ul-Islam Advocate-on-Record for Respondent (in C.P. 2981-L/2004). Respondents not represented (in C.Ps. 2835-L and 2840-L/2004 and C.Ps. 2846-L to 2851-L, 2853-L and C.Ps. 2855-L, 2856-L/2004). ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---Listed petitions have been filed for leave to appeal against the judgments, dated 29th July, 2004, 2nd September, 2004 and :7th September, 2004 passed by Federal Service Tribunal, Lahore. 2. Precisely stating facts, necessary for disposal…
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