HABIB BANK LTD. and anothers vs NAZIR KHAN and 11 otherss
This matter comprises petitions for leave to appeal directed against a consolidated judgment of the Federal Service Tribunal. The respondent bank employees had been dismissed from service and initially approached the Service Tribunals under section 2-A of the Service Tribunals Act, 1973, after exhausting remedies under the Industrial Relations Ordinance, 1969. The Tribunal initially dismissed their appeals holding section 2-A not to be retrospective. Subsequently, following precedents of the Supreme Court establishing that section 2-A is procedural and retrospective, the Tribunal allowed review applications, recalled its earlier orders, and restored the appeals. The Supreme Court granted leave to appeal to examine whether section 2-A can reopen past and closed transactions and whether the Tribunal was empowered to recall or review its earlier final judgments under the Act.
- Whether the provisions of section 2-A of the Service Tribunals Act, 1973 could be invoked so as to reopen past and closed transactions?
- Whether employees can re-agitate grievances in respect of terms and conditions of service already finally adjudicated upon by a proper forum under existing laws?
- Whether the Service Tribunal was empowered under the provisions of the Service Tribunals Act, 1973 to recall or review its earlier final judgments?
- Article 212(3), Constitution of Islamic Republic of Pakistan
- Section 2-A, Service Tribunals Act, 1973
- Industrial Relations Ordinance, 1969
ORDER
' FAQIR MUHAMMAD KHOKHAR, J.--- These petitions for leave to appeal, under Article 212(3) of the Constitution of Islamic Republic of Pakistan, are directed against consolidated judgment, dated 9- 9-2002, passed by the Federal Service Tribunal (hereinafter referred to as the Tribunal) in Appeals Nos.1328(K) of 1998, 506(K) to 509(K) of 1997, 531(K) of 1997, 614(K) of 1997, 2369(K) of 1997, 504(K) of 1998, 505(K) of 1998, 1327(K) of 1998 and 1775(K) of 1998.
2. The respondents were Bank employees who were dismissed/terminated from service through various orders. After availing their remedies under the Industrial Relations Ordinance, 1969, the respondents moved the Tribunal by virtue of section 2-A of the Service Tribunals Act, 1973 (hereinafter referred to as the Act). Their appeals were dismissed by the Tribunal primarily on the ground that the provisions of section 2-A of the Act were not retrospective in operation. However, in the case of Syed Aftab Ahmed v. K.E.S.C. And others 1999 SCM R 197 and also in some other cases, this Court took the view that the provisions of section 2-A of the Act were procedural and retrospective in nature providing a remedy of appeal before the Tribunal even to those employees of the Organizations etc. Mentioned therein against whom adverse orders had already been passed. Therefore, the respondents moved the Tribunal by making applications for review/recall of the earlier orders of dismissal of their appeals. The Tribunal by the consolidated judgment recalled/reviewed its earlier orders and restored the appeals of the respondents for decision on merits.
3. After hearing the learned counsel for the petitioners and Zahid Hussain Awan (respondent in C.P.L.A. No,1925 of 2002), we grant leave to appeal to consider, inter alia.
(i) Whether the provisions of section 2-A of the Act could be invoked so as to reopen the past and closed transactions and to permit the employees to re-agitate their grievances in respect of terms and conditions of service which had already been finally adjudicated upon by the proper forum under the existing laws.
(ii) Whether, in the facts and circumstances of these cases, the Tribunal was empowered under the provisions of the Act to recall/review its earlier final judgments.
4. It is further directed that all these appeals shall be set down for hearing within a period of six months.