| Case ID |
0a0fec65-06ef-44cc-ac69-e1ee1f7bd50f |
| Body |
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| Case Number |
Civil Petition No. 1863 of 2009 |
| Decision Date |
Jul 28, 2009 |
| Hearing Date |
|
| Decision |
The Supreme Court allowed the appeals against the judgments of the Federal Service Tribunal, which had previously set aside major penalties imposed on employees of the Allama Iqbal Open University and SME Bank under the Removal from Service (Special Powers) Ordinance. The Court ruled that the Service Tribunal lacked jurisdiction over employees whose services were not governed by statutory rules, emphasizing the principle of Master and Servant. The decision clarified that only those employees defined as 'civil servants' under the Service Tribunals Act could approach the Tribunal for redressal of grievances, thereby upholding the rights of employees who were wrongfully dismissed or penalized without due process. |
| Summary |
This case involves multiple petitions for leave to appeal concerning disciplinary actions taken against employees of various organizations, including Allama Iqbal Open University and SME Bank. The Supreme Court's ruling focused on the jurisdiction of the Service Tribunal and the definition of civil servants under the Service Tribunals Act, 1973. It was determined that employees of non-statutory corporations do not qualify as civil servants, thereby limiting their access to the Service Tribunal for grievances related to employment termination or disciplinary actions. The Court’s decision reinforced the legal framework governing employment relations in Pakistan, especially concerning the applicability of statutory protections to various categories of employees. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
S.M.E. Bank Limited,
Allama Iqbal Open University, Islamabad,
Ministry of Finance, Islamabad,
Pakistan Steel Bin Qasim, Karachi
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, CJ
|
| Lawyers |
Not available
|
| Petitioners |
S.M.E. BANK LIMITED through Chief Executive Officer,
EXECUTIVE COUNCIL, ALLAMA IQBAL OPEN UNIVERSITY, ISLAMABAD through Chairman
|
| Respondents |
Dr. M. TUFAIL HASHMI,
Mrs. FARHAT ZAFAR
|
| Citations |
2010 SLD 3207,
2010 PLC 1125
|
| Other Citations |
Muhammad Mubeen-us-Salam v. Federation of Pakistan PLD 2006 SC 602,
Muhammad Idrees v. Agricultural Development Bank of Pakistan PLD 2007 SC 681,
Pakistan Telecommunication Company Ltd. v. Muhammad Zahid 2010 SCMR 253,
Pakistan International Airline Corporation v. Tanweer-ur-Rehman Civil Appeal No.172-K of 2009
|
| Laws Involved |
Service Tribunals Act, 1973,
Removal from Service (Special Powers) Ordinance, 2000
|
| Sections |
4,
2(c),
2(d),
9,
10
|