| Case ID |
19f11cde-227a-45f4-b967-b5164f7ec6de |
| Body |
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| Case Number |
787(K)CE of 2000 |
| Decision Date |
Apr 17, 2006 |
| Hearing Date |
Mar 28, 2006 |
| Decision |
The appeal filed by Abdul Karim against the dismissal from service was allowed by the Federal Service Tribunal. The Tribunal found that the dismissal was not only illegal but also discriminatory. The Tribunal noted that the entire case against the appellant was based on the confessional statement of a co-accused, which had no legal value. Despite being acquitted of criminal charges, the appellant was dismissed while others involved were retained in service. The Tribunal directed the reinstatement of the appellant with full back benefits. |
| Summary |
In the case of Abdul Karim vs. Pakistan International Airlines Corporation, the Federal Service Tribunal addressed issues of wrongful dismissal and discrimination. The appellant was a Security Guard dismissed after allegations of theft involving recovered gold bangles. The Tribunal found the dismissal unjust due to lack of substantial evidence and the reliance on co-accused confessions. The ruling emphasized the need for fair treatment of all employees under similar circumstances, highlighting the principle of equality in disciplinary actions. The decision underscored the importance of integrity in service-oriented industries and the legal standards for conducting inquiries. Keywords: wrongful dismissal, discrimination, service regulations, legal standards, employee rights. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Pakistan International Airlines Corporation
|
| Judges |
Qazi Muhammad Hussain Siddiqui,
Rashid Ali Mirza
|
| Lawyers |
Sanaullah Noor Ghouri,
Muhammad Umer,
Masood A. Khan
|
| Petitioners |
Abdul Karim
|
| Respondents |
others,
Pakistan International Airlines Corporation
|
| Citations |
2007 SLD 2025,
2007 PLC 696
|
| Other Citations |
1993 SCMR 603,
2003 PLC (C.S.) 1306,
1985 PLC (C.S.) 518
|
| Laws Involved |
Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985,
Service Tribunals Act (LXX of 1973)
|
| Sections |
75(1),
4
|