2016 P.S.C. 146

Abdul Qayyum Baig vs The Governor, State Bank of Pakistan and others

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Citation2016 P.S.C. 146

CourtSupreme Court of Pakistan

Case No.C.P.L.A. No. 345-K of 2015

Date2015-08-05

Judge(s)Anwar Zaheer Jamali, Gulzar Ahmed

ResultLeave to appeal granted

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The petitioner sought leave to appeal against the order of the Federal Service Tribunal dated 12.5.2011, which non-suited the petitioner solely on the ground of jurisdiction by holding that the State Bank of Pakistan lacks statutory rules and therefore the Tribunal lacked jurisdiction to entertain the grievance. The core legal question was whether the State Bank of Pakistan possesses statutory rules governing the terms and conditions of service of its employees. The Supreme Court held that the contention raised regarding the existence of statutory rules requires consideration, particularly in light of precedents such as Muhammad Tariq Badr v. National Bank of Pakistan (2013 SCMR 314). Consequently, the Court granted leave to appeal to examine the jurisdictional issue and the factual position of the service rules.

Questions settled in this judgment

Does the Federal Service Tribunal have jurisdiction over employees of the State Bank of Pakistan?
Does the State Bank of Pakistan have statutory rules governing the terms and conditions of service of its employees?

service tribunal jurisdictionstatutory rulesleave to appealterms and conditions of serviceState Bank of Pakistan

ORDER

ANWAR ZAHEER JAMALI, J. --- It seems that the petitioner has been non-suited by the Federal Service Tribunal ("the Tribunal") through the impugned order dated 12.5.2011, solely on the ground of jurisdiction, as by making reference to the judgment dated 6.10.2009 in C.P. No. 1188L of 2014, the Tribunal has arrived at the conclusion that the State Bank of Pakistan has no statutory rules, therefore, it lacked the jurisdiction to entertain the grievance of the petitioner. Learned ASC for the petitioner strongly contends that the State Bank of Pakistan has statutory rules governing the terms and conditions of service of its employees, therefore, such observations of the Tribunal recorded in the impugned judgment are contrary to the factual position. In this regard, he has made reference to the case of Muhammad Tariq Badr v. National Bank of Pakistan (2013 SCM R 314).

2. Contention raised needs consideration. Leave to appeal is accordingly granted.