MUHAMMAD RASHEED, STENOGRAPHER and others vs GOVERNMENT OF PAKISTAN, MINISTRY OF COMMERCE, NATIONAL TARIFF COMMISSION, through Chairman, Islamabad and others
Civil petitions for leave to appeal were filed before the Supreme Court of Pakistan challenging the judgment of the Federal Service Tribunal, Islamabad, dated 20-3-2003. The petitioners, employees of the National Tariff Commission (NTC), contended that they were discriminated against and denied equitable relief regarding pension and General Provident (G.P.) Fund benefits, whereas similarly situated employees of the Monopoly Control Authority (MCA), National Police Academy (NPA), and Frontier Works Organization (FWO) had been granted such benefits. It was further argued that an earlier judgment of the Tribunal dated 2-4-1999 had attained finality by holding the NTC to be an attached department of the Ministry of Commerce rather than a corporate body, but the Tribunal in the impugned judgment deviated from that settled legal interpretation. Upon considering the submissions, record, and cited precedents, the Supreme Court held that the legal and factual contentions raised prima facie required consideration, and accordingly granted leave to appeal in all connected petitions.
- Whether employees of the National Tariff Commission are entitled to pension and G.P. Fund benefits on a par with employees of other statutory or attached bodies?
- Whether the Federal Service Tribunal can deviate from its earlier uncontested and finalized interpretation regarding the legal status of an entity as an attached department?
ORDER
' SYED DEEDAR HUSSAIN SHAH, J.---By this common orderwe propose to dispose of Civil Petitions Nos.1231 to 1242 of 2003, which are directed against the judgment of the Federal Service Tribunal Islamabad (hereinafter referred to as the Tribunal) dated 20-3-2003, passed in Appeals Nos.69(R)CS to 80(R)CS of 2002.
2. Mr. Muhammad Zaman Bhatti, learned Advocate Supreme Court, inter alia, contended that the learned Tribunal has not granted equitable relief to the petitioners and they have been discriminated, because in the same facts and circumstances the employees of the Monopoly Control Authority (MCA) have been allowed the benefits of pension and G.P. Fund etc. He also pointed out that the employees of National Police Academy (NPA) as well as Frontier Works Organization (FWO) have been allowed the benefits of pension under the order of this Court dated 21-1-2003. He further submitted that the Tribunal vide judgment dated 2-4-1999 held that the National Tariff Commission (NTC) was an attached department of the Ministry of Commerce and that it was not a corporate body; that the aforesaid findings of the Tribunal were not challenged before appellate forum, which attained finality, and the Tribunal in the judgment impugned herein did not agree with the interpretation of the law made by the Tribunal in its judgment dated 2-4- 1999. In support of his contentions learned counsel has referred to Divisional Superintendent, P.W. R.
Karachi v. Bashir Ahmed PLD 1973 SC 589; Ahmad Khan v. Secretary to Government 1997 SCM R 1477 and Secretary, Railways Board v. Muhammad Zubair Rana PLD 2000 SC 61.
3. We have considered the contentions raised by learned counsel for the petitioners and minutely perused the material available as well as the case-law. Prima facie the points raised by the learned counsel require consideration, therefore, leave to appeal is granted in all the above mentioned petitions.