| Case ID |
1e3d8102-02c4-40aa-9158-62f0d6fcaa5f |
| Body |
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| Case Number |
Civil Appeal No.92 of 2001 |
| Decision Date |
Apr 08, 2002 |
| Hearing Date |
Mar 06, 2002 |
| Decision |
The Supreme Court accepted the appeal and set aside the impugned order of the High Court for being without jurisdiction. The court found that the insertion of section 2-A in the Service Tribunals Act, 1973, was procedural and did not take away any vested rights of the parties. The appeal by the bank was dismissed as not competent, and it was determined that the Labour Appellate Tribunal was competent to hear the appeal. The court emphasized that the law must be interpreted as a whole and that procedural amendments can operate retrospectively without affecting substantive rights. |
| Summary |
This case revolves around the dismissal of an employee from Habib Bank Ltd. for misconduct, which was challenged through various legal avenues, culminating in an appeal to the Supreme Court. The court examined the implications of the amendment of section 2-A of the Service Tribunals Act, which altered the jurisdiction of appeals for bank employees. The Supreme Court ruled that the Labour Appellate Tribunal had the jurisdiction to hear the case, and the High Court's acceptance of the constitutional petition was deemed unwarranted. The ruling underscores the importance of interpreting statutes holistically and the procedural nature of amendments in law. Keywords include 'Supreme Court', 'Labour Appellate Tribunal', 'dismissal from service', 'jurisdiction', and 'legal rights'. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Habib Bank Ltd.
|
| Judges |
Muhammad Yunus Surakhvi, ACTG. C.J.,
Khawaja Muhammad Saeed, J
|
| Lawyers |
Raja Muhammad Hanif Khan,
Syed Nazir Hussain Shah Kazmi
|
| Petitioners |
Muhammad Aslam
|
| Respondents |
4 others,
Senior Vice President and Zonal Chief, Habib Bank Ltd.
|
| Citations |
2003 SLD 900,
2003 PLC 388
|
| Other Citations |
National Bank of Pakistan, Principal Office, Peshawar v. Anwarul Haq 1999 PLC (C.S.) 316,
Khalid Mehmood Butt and others v. Managing Director, AKMIDC and others Civil Appeal No. 128 of 2000,
Adnan Afzal v. Capt. Sher Afzal PLD 1969 SC 187,
Nabi Ahmed and another v. Home Secretary, Government of West Pakistan, Lahore and 4 others PLD 1969 SC 599,
Muhammad Alam and 3 others v. The State PLD 1967 SC 259,
Authority/Chief Secretary, Azad Government of the State of Jammu and Kashmir v. Sardar Sikandar Hayat Khan PLD 1982 SC (AJ&K) 112
|
| Laws Involved |
Azad Jammu and Kashmir Industrial Relations Ordinance, 1974,
Service Tribunals Act (LXX of 1973),
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
42,
30,
2-A,
4,
6,
42,
44
|