STATE PETROLEUM REFINFRY PETRO CHEMICAL CORPORATION LTD. and others
This matter came before the Supreme Court of Pakistan following a dispute between the parties. During the proceedings, counsel for both sides submitted a joint statement agreeing to refer the matter to the Service Tribunal for adjudication within a period of five months. The parties also requested that an application for condonation of delay be considered sympathetically by the Tribunal. In light of this mutual agreement, the Supreme Court set aside the impugned judgment. The Court directed that the Service appeal be decided by the Service Tribunal in accordance with the law, explicitly stating that the Tribunal should reach its decision without being influenced by any findings or observations contained in the previously set-aside judgment. The Court further granted the parties the liberty to raise all available legal pleas during the fresh proceedings before the Tribunal. The appeal was disposed of accordingly with no order as to costs.
- Can the Supreme Court set aside an impugned judgment based on a joint statement filed by the parties?
- Is a Service Tribunal required to decide an appeal afresh without being influenced by the findings of a set-aside judgment?
ORDER
1. After arguing the matter at some length learned counsel for the parties has filed a joint statement which reads as under:-- "The parties agree that the matter may be referred to Service Tribunal to be decided within a period of five months." an application for condo nation of delay which application be considered sympathetically.
2. The impugned judgment, in view of the agreed arrangements is set aside. The Service appeal shall be decided in accordance with law without being influenced from any finding or observation recorded in the impugned judgment. The parties will be at liberty to take all the pleas available to them under law. The appeal stands disposed of accordingly. No order as to costs.