MUHAMMAD SHAUKAT vs ZARAI TARAQIATI BANK LTD (ZTBL) and another
This petition for leave to appeal arises from the judgment of the Federal Service Tribunal upholding the dismissal of the petitioner from the employment of Zarai Taraqiati Bank Ltd. (ZTBL). The petitioner had been transferred within close proximity, but instead of joining duty, he filed a petition alleging unfair labour practice before the NIRC, which was dismissed. Subsequently, he was dismissed from service, and his departmental appeal before the Service Tribunal was also dismissed. Upon hearing the parties, the Supreme Court noted that while no case was made out on merits, the petitioner sought humanitarian relief due to having a handicapped child and seventeen years of spotless service. With the agreement of the respondent bank's counsel upon instructions, the Supreme Court converted the petition into an appeal and altered the penalty of dismissal from service into compulsory retirement.
- Whether the Supreme Court can convert a penalty of dismissal from service into compulsory retirement on humanitarian grounds with the consent of the employer?
- Can an employee challenge a transfer order by filing a petition alleging unfair labour practice before the NIRC instead of joining duty?
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---This petition has been filed for leave to appeal against the judgment dated 12-12-2009 passed by the Federal Service Tribunal, Islamabad, whereby appeal filed by the petitioner has been dismissed.
2. Petitioner was in the employment of Zarai Taraqiati Bank Ltd. (ZTBL) when he was transferred on 7th March, 2009 from Head Office to Zonal Office situated, reportedly, at a close distance of about 200 yards but instead of joining the duty he preferred a petition before NIRC alleging therein unfair labour practice on the ground that he being an office-bearer of the Union had been made victim.
However, he could not succeed and his petition was dismissed on 9-5-2009. After dismissal of his petition, the petitioner, vide order dated 11th May, 2009, was dismissed from service w,e,f, 9-3-2009.
The petitioner challenged his dismissal before the Service Tribunal by way of an appeal bearing No,857(R)(C.S)/2009, which was dismissed vide the impugned judgment.
3. We have heard learned counsel for the petitioner and respondent No,1 on merits and prima facie we are of the opinion that no case has been made out. In the meanwhile learned counsel for the petitioner points out that apparently on humanitarian ground the petitioner may be given relief because he has a handicapped child and he has no other source to support his child and prayer has been made that dismissal from service be converted into compulsory retirement as during his seventeen years service, he has blotless service to his credit. This proposition was put to learned counsel appearing for the respondents. He, however, on merits opposed the petition and stated that no case is made out but when we asked him as the petitioner was begging relief on humanitarian ground, he stated that this plea was never taken by him yet sought instructions from the respondents and made statement that the respondents agreed to accommodate the petitioner provided the instant order is not quoted as precedence in future. . This petition is converted into appeal and penalty of dismissal from service awarded to the petitioner is converted into compulsory retirement with effect from 9th March, 2009, the date from which the petitioner was dismissed vide order dated 11th May, 2009 with retrospective effect.