| Case ID |
148e82c8-a9f4-4e30-b40b-296da11d7a77 |
| Body |
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| Case Number |
Civil Appeals Nos. 24, 510 and 1049 of 2000 |
| Decision Date |
Jan 07, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court reviewed the appeals relating to the termination of services of the petitioners, who were employed as Village Postman, Mail Runner, and Chowkidar. The Court found that the appeals were dismissed by the Federal Service Tribunal on the grounds of delay, as they were filed after one month and four days following the dismissal of grievance petitions by the Labour Court. However, the Supreme Court held that the Tribunal should have considered the prevailing confusion regarding the availability of remedies under the new section 2-A inserted into the Service Tribunals Act. The Court emphasized the need to adopt a lenient approach regarding the condonation of delays in such cases. Consequently, the Supreme Court allowed the appeals, set aside the order of the Tribunal, and remanded the cases for fresh consideration on merits, ensuring that the question of delay was assessed in the context of the newly established legal framework. No costs were awarded in this case. |
| Summary |
In the case of Rehmatullah Khan and others vs Postmaster General, the Supreme Court of Pakistan dealt with appeals concerning the termination of civil servants' employment. The case arose from decisions made by the Federal Service Tribunal, which dismissed the appeals due to delays following the Labour Court's dismissal of grievance petitions. The significant legal question involved the interpretation of section 2-A of the Service Tribunals Act, which had been amended prior to the appeals being filed. The Supreme Court's decision to condone the delay reflects a broader trend towards protecting the rights of civil servants, especially in light of the confusion surrounding the amendments. The ruling is crucial for future cases involving similar circumstances, establishing a precedent for leniency in procedural matters related to employment law. The Court's directive to the Tribunal to reassess the appeals on their merits highlights the importance of ensuring that justice prevails in administrative matters. This case underscores the need for clarity in legal frameworks affecting employment and the judiciary's role in safeguarding employee rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Bank,
|
| Judges |
ABDUL HAMEED DOGAR,
SARDAR MUHAMMAD RAZA KHAN
|
| Lawyers |
Ch. Sadiq Muhammad Warraich,
Sardar Muhammad Aslam,
Sh. Riazul Haque
|
| Petitioners |
,
REHMATULLAH KHAN
|
| Respondents |
,
POSTMASTER GENERAL, POST OFFICES, N.W.F.P., PESHAWAR
|
| Citations |
2003 SLD 930,
2003 SCMR 705
|
| Other Citations |
Muhammad Afzal v. Karachi Electric Supply Corporation and 2 others 1999 SCMR 92,
Muhammad Yaqub v. Pakistan Petroleum Ltd. and another 2000 SCMR 830
|
| Laws Involved |
Service Tribunals Act, 1973,
Industrial Relations Ordinance (XXIII of 1969),
Constitution of Pakistan, 1973
|
| Sections |
2A,
4,
25A,
212(3)
|