MUHAMMAD SHAUKAT vs ZARAI TARAQIATI BANK LTD. (ZTBL) and another
This matter arises from a petition for leave to appeal directed against the judgment of the Federal Service Tribunal, Islamabad, which dismissed the petitioner's appeal against his dismissal from service. The petitioner, an employee of Zarai Taraqiati Bank Ltd. (ZTBL) and an office bearer of the union, was transferred from the Head Office to a nearby Zonal Office. He failed to join his duty and instead filed a petition alleging unfair labour practice before the NIRC, which was dismissed. Subsequently, he was dismissed from service. The core legal question concerned the validity of the dismissal and whether relief could be granted. The Supreme Court found no merits on the strict legal case, but upon humanitarian grounds raised concerning the petitioner's handicapped child, and with the agreement of the respondent bank, converted the penalty of dismissal from service into compulsory retirement. The key principle laid down is that the Supreme Court may mold relief on humanitarian grounds with the consent of parties in appropriate service matters without setting a binding precedent.
- Whether the penalty of dismissal from service can be converted into compulsory retirement on humanitarian grounds?
- Can a service appeal be converted into an appeal by the Supreme Court to grant relief?
- Whether failure to join duty following a transfer order warrants dismissal from service?
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 Zari 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) of 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.