HAJI KHAN LASHARI and others vs GOVERNMENT OF PAKISTAN and others
The petitioners, former employees of Pakistan Steel Mills whose services were terminated en bloc, approached the Supreme Court against the refusal of the Federal Service Tribunal to grant them interim relief regarding ad hoc salaries pending their service appeals. The core legal question concerned whether interim relief of ad hoc salaries, previously granted by consent to another employee in a similar petition, could be forced upon the respondents without their consent in the present matters. The Supreme Court held that since the earlier relief was based on a consent order and the respondents firmly refused to grant a similar concession and sought withdrawal of that earlier order, the same relief could not be imposed upon them. The Court disposed of the petitions by directing the respondents to disburse the admitted final dues of the petitioners upon completion of legal formalities, and directed the Federal Service Tribunal to decide the pending appeals expeditiously within a specified timeframe.
- Can interim relief granted by consent in one service matter be forced upon respondents in other matters without their consent?
- Are terminated employees entitled to the immediate payment of their final dues pending the adjudication of their service appeals before the Tribunal?
ORDER
1. ' NAZIM HUSSAIN SIDDIQUI, J.---This order will dispose of Petitions Nos.575 to 685 and 697 to 701-K of 2000 as common questions are involved in these matters.
2. ' The petitioners were employees of Pakistan Steel Mills and their services, en block, were terminated on 1-2-2000. They approached Management of the respondents and a Review Committee was constituted, which gave them interim relief in the way that they were allowed ad hoc salaries up to May, 2000. Thereafter, they approached Federal Service Tribunal for redress of their grievances. The Tribunal admitted their appeals, but declined any interim relief and fixed the matter for hearing on 16-4-2000, which date later on was changed to 18-1-2001. Against above order, the petitioners have approached this Court.
3. It is pertinent to point out here that in a similar petition (CPLA No, 427-K/2000) this Court, by consent, had passed an order whereby interim relief was granted to petitioner Pasha Ahmed Gul, with regard to payment of ad hoc salary and the petition was disposed of in terms thereof.
4. ' The petitioners contend that similar relief be allowed to them as was given to said Pasha Ahmed Gul. Learned counsel for the respondents has vehemently opposed above plea and stated that the respondents are not willing to extend said concession to the petitioners and that even the respondents have filed a review petition for withdrawal of said order. It was a consent order and since the respondents are not willing to consent in these petitions, the relief given to said Pasha Ahmed Gul cannot be given to these petitioners. .
5. ' It is an admitted position that the final dues of the petitioners are lying with the respondents and they are entitled to receive said dues, subject to completion of legal formalities, without prejudice to any of their legal rights, they will be entitled to draw back their final dues from the respondents who shall pay the same to them as early as possible.
6. ' The appeals of the petitioners are already fixed before Federal Service Tribunal on 18th January, 2001, which may be disposed of on that particular date or on subsequent date not later than three weeks thereafter.
7. ' In above terms, the petitions stand disposed of.