QAISAR AMIN and 3 others vs PRESIDENT OF U.B.L. and others
This matter arises from a common judgment of the Federal Service Tribunal dismissing the petitioners' appeals in limine as barred by time. The petitioners, former officers and employees of the United Bank Limited, were dismissed from service following disciplinary proceedings for fraud, forgery, breach of trust, and gross misconduct. They initially approached the Labour Court under Section 25-A of the Industrial Relations Ordinance 1969, but their petitions abated upon the insertion of Section 2-A into the Federal Service Tribunals Act 1973. They subsequently appealed to the Federal Service Tribunal, which dismissed their appeals. Before the Supreme Court, the petitioners relied on an unreported precedent where similar matters were converted into appeals and remanded for reconsideration of limitation. The Supreme Court granted leave to appeal to determine whether the Tribunal justifiably dismissed the appeal as barred by time and whether the delay in filing the appeal ought to have been condoned.
- Whether the Federal Service Tribunal justifiably dismissed the appeal filed by the petitioner as barred by time?
- Whether it was not a fit case in which the delay in filing the appeal before the Federal Service Tribunal should have been condoned?
- Section 25-A, Industrial Relations Ordinance 1969
- Section 2-A, Federal Service Tribunals Act 1973
' MUHAMMAD BASHIR JEHANGIRI, J.---This order will govern C.Ps. Nos.1361, 1362, 1363 and 1386 of 1998 as they arise out of the common judgment of the Federal Service Tribunal, Islamabad.
2. All the four petitioners in the titled petitions were Officers/Employees of the United Bank Limited in various Branches of the Bank. After due legal formalities, they were found guilty of fraud, forgery in the Bank's accounts, preparation of false documents etc., breach of trust and of gross misconduct.
All the four petitioners were, therefore, dismissed from service on various dates. They approached the Labour Court in 1984 and grievance petition under section 25-A of the Industrial Relations Ordinance (XXIII of 1969). In consequence of insertion of section 2-A in the Federal Service Tribunals Act, 1973, their grievance petitions were held to have abated. They, accordingly, approached the Federal Service Tribunal in appeal which were, however, dismissed in limine vide impugned order, dated 28-9-1998.
3. Mr Muhammad Munir Peracha, learned Advocate Supreme Court in support of these petitions has placed reliance on an unreported judgment of this Court passed in Civil Petitions Nos.483 of 1998 and 685 of 1998 titled Lt.-Col. (Retd.) Muhammad Siddique v. Allama Iqbal Open University, Islamabad decided on 16-12-1998, to contend that the same were converted into appeals and the cases were remanded to the learned Federal Service Tribunal, firstly, for reconsideration of the question of limitation and thereafter, to give a decision on merit in case the aforesaid question of limitation is decided in favor of the appellants. Since in the identical factual background of cases, Civil Petitions Nos. 483 of 1998 and 685 of 1998 were converted into appeals and were remanded for re-consideration of the plea of limitation, we grant leave in this case to consider the following questions of law of public importance for determination by this Court:-- (a). Whether the Federal Service Tribunal justifiably dismissed the appeal filed by the petitioner as barred by time?
(b). Whether it was not a fit case in which the delay in filing the appeal before the Federal Service Tribunal should have been condoned?