2003 PLC(CS) 1103

PRESIDENT, NATIONAL BANK OF PAKISTAN, I. I. CHUNDRIGAR ROAD, KARACHI Versus MUHAMMAD ALI SABRI

Citation2003 PLC(CS) 1103

CourtSupreme Court of Pakistan

Judge(s)Mian Muhammad Ajmal and Tanvir Ahmed Khan

MIAN MUHAMMAD AJMAL, J .---The petitioners seek leave to appeal against the judgment of the Federal Service Tribunal, Lahore dated 20-4-2001, whereby Appeal No.817-L of 1998 of the respondent was allowed, order dated 31-10-1995, impugned therein regarding termination of his services was set aside and he,, was reinstated in service with service benefits except the arrears of salary for the intervening period from 31-10-1995 to the date of the judgment.

2. The facts are that the respondent was appointed as Typist in the National Bank of Pakistan on 7-3-1992, on daily wages. His services were terminated on 31-10-1995, against which he preferred departmental' appeal but the same was not responded. He then filed a grievance petition in the Labour Court which was returned on 26-7-1998, whereafter appeal before the Service Tribunal was filed which was dismissed on 1-12-1997 for lack of jurisdiction. Thereafter he filed fresh petition in the Labour Court which was returned vide order dated 25-4-1998 on the ground that section 2-A of the Service Tribunals Act, 1973 was applicable retrospectively, as such, he filed Appeal No.817-L of 1998 before the Federal Service Tribunal, which has been accepted vide judgment dated 20-4-2001, as stated in para. 1 above.

3. Learned counsel for the petitioners contended that the appeal before the Service Tribunal was time-barred, therefore, the same deserved to be dismissed on that score. He also contended that the respondent was estopped by his conduct to file an appeal before the Service Tribunal after prolonged litigation before the civil and Labour Courts.

4. On the other hand, learned counsel appearing for the respondent while supporting the impugned judgment of the Service Tribunal argued that the Service Tribunal has based its judgment on the case of Managing Director, Sui Southern Gas Co. Ltd. v. Saleem Mustafa Sheikh and others (PLD 2001 SC 176) accepted the appeal, therefore, impugned judgment does not call for any interference.

5. After hearing the learned counsel for the parties and going through the record of the case we find no force in the submissions of the learned counsel for the petitioners, for the respondent was discriminated as the Service Tribunal in earlier appeals of similarly placed employees had set aside the order of their termination and the Bank was directed to regularize their services. The respondent was similarly treated by the Service Tribunal in view of its earlier decision and the law laid down by this Court in the above cited authority. The judgment of the Service Tribunal does not warrant for any interference by this Court under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973 as no question of law of public importance is involved in this petition. Consequently, this petition is dismissed and leave refused.

M.H./P-69/S Petition dismissed.