Water and Power Development Authority vs Allah Dad Mashori and others
This matter involves petitions for leave to appeal filed by the Water and Power Development Authority (WAPDA) against the respondents concerning employment disputes. The core legal question centers on the implementation of the Federal Service Tribunal's judgment setting aside the illegal termination of the respondents' employment and ordering their reinstatement. The Supreme Court held that the petitioner-WAPDA must implement the reinstatement orders of the Tribunal in their true spirit before the hearing of the petitions can proceed, noting that no irreparable loss would be caused to the management by complying with the reinstatement. The key principle laid down is that state instrumentalities and authorities must comply with service tribunal judgments regarding reinstatement of employees before their challenges against such relief are entertained for further hearing.
- Whether the Supreme Court can direct the implementation of a Federal Service Tribunal judgment as a precondition to proceeding with the hearing of a petition?
- Does the reinstatement of terminated employees cause irreparable loss to the management of WAPDA?
ORDER
Although Mr. Mazhar Ali Chohan, learned AOR for the petitioner is in attendance Mr. Muhammad Siddiq Mirza, learned ASC for the petitioner has submitted identical applications for adjournment on the ground that on account of his engagement before the Principal Seat of this Court at Islamabad, he is unable to appear.
2. M/s. Abdul Ghafoor Mangi and Manzoor Ali Khan, learned ASC have entered appearance on caveat on behalf of respondents in C.P. Nos. 1051-K, 1053-K and 1055-K of 2002 and C.P. Nos. 1056-K and 1057-K of 2002 respectively while in C.P. No.1052-K and 1054-K of 2002 respondents are present in person.
3. Respondents have a genuine grievance that the petitioner-WAPDA, after illegal termination of the employment of the respondents, struck down by the Federal Service Tribunal (hereinafter referred to as the Tribunal) vide judgment dated 10.9.2002, has not bothered to implement the reinstatement orders. Before proceeding further with the hearing of the petitions, authorities of the petitioner-WAPDA are required to implement the judgment of the Tribunal in its true spirit, as no irreparable loss is likely to be caused to the management by reinstatement of such employees.
Compliance within two weeks under intimation to the Registrar of this Court Hearing of the petitions is adjourned as prayed. . revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.