Pakistan Case LawSTATE BANK OF PAKISTAN Versus Ch. MUHAMAMD AKHTAR and others
The State Bank of Pakistan filed a petition for leave to appeal against a Lahore High Court order that had set aside the dismissal of an employee, Ch. Muhammad Akhtar, and directed his reinstatement with full back benefits. The respondent had been dismissed following departmental proceedings for the misappropriation of funds. His initial grievance petition under the Industrial Relations Ordinance, 1969, and subsequent appeal to the Labour Appellate Tribunal were both dismissed. The High Court, exercising constitutional jurisdiction, intervened and ordered reinstatement. The petitioner contended that the High Court erred by substituting its own decision for that of the competent authority without properly considering the inquiry officer's report. Furthermore, the petitioner raised a legal question regarding whether the bank's employees are governed by the State Bank of Pakistan Staff Regulations and Standing Orders or the Wage Commission Award. The Supreme Court granted leave to appeal to determine whether the High Court acted within its lawful authority in setting aside the departmental orders and directing reinstatement, effectively replacing the competent authority's decision with its own.
- Whether the High Court, in exercise of its constitutional jurisdiction, can substitute its own decision for that of the competent authority regarding the dismissal of an employee?
- Whether the employees of the State Bank of Pakistan are governed by the State Bank of Pakistan Staff Regulations and Standing Orders or the Wage Commission Award?
ORDER
MANZOOR HUSSAIN SIAL, J.---The State Bank of Pakistan, Lahore, the petitioner herein, seeks leave to appeal against order dated 16-2-1994, passed by the Lahore High Court, in Writ Petition No,1745/1983.
2.Ch. Muhammad Akhtar, respondent was employed as Coin/Note Examiner in service of the petitioner. He was proceeded against departmentally on the allegation of misappropriation of notes valuing Rs,1,20,000. As a result of inquiry he was found guilty and dismissed from service on 23-5-1977. He lodged a grievance petition under section 25-A of the Industrial Relations Ordinance, 1969, which was dismissed on 7-6-1979, by the Punjab Labour Court. He preferred an appeal before the Labour Appellate Tribunal but the same was also dismissed on 28-2-1983. Aggrieved by the aforementioned order he invoked the Constitutional jurisdiction of the High Court through Writ Petition No, 1745/1983, which was accepted vide impugned order passed by a learned Single Judge of the Lahore High Court.
3.In support of this petition learned counsel for petitioner contended that the learned Single Judge after assuming jurisdiction not only set aside the orders of respondents Nos.2 and 3 but also directed the reinstatement of the respondent with all back benefits without considering the report of the inquiry officer. It was also contended that the question raised in this petition as to whether the employees of the petitioner are to be governed by the State Bank of Pakistan Staff Regulations and the Standing Orders or the Wage Commission Award, requires consideration.
4.After hearing learned counsel for petitioner we grant leave to consider, inter alia, whether the learned Single Judge of the High Court was right to declare the impugned orders of the respondents Nos.2 and 3 having been passed without lawful authority and further to direct reinstatement of the respondent in service and thereby substituting his own decision-for that of the competent authority in the matter.
Judges on this bench
- Saad Saood Jan2,559 judgments
- Manzoor Hussain Sial807 judgments