| Case ID |
205f672b-ae7e-4538-bfee-b84a968858cf |
| Body |
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| Case Number |
Civil Appeals Nos. 1681, and 1682 of 2003 |
| Decision Date |
May 06, 2004 |
| Hearing Date |
May 06, 2004 |
| Decision |
The Supreme Court of Pakistan dismissed Civil Appeal No. 1681 of 2003 filed by the Corporation and allowed Civil Appeal No. 1682 of 2003 filed by Syed Muhammad Ali Gohar Zaidi. The Court set aside the Tribunal's order regarding withholding back benefits and remanded the case for reconsideration, emphasizing that the appellant was entitled to full back benefits due to the unjust termination of his employment and the discrimination he faced compared to other employees. |
| Summary |
In the Supreme Court of Pakistan, Civil Appeals Nos. 1681 and 1682 of 2003 were heard concerning the termination of Syed Muhammad Ali Gohar Zaidi from the House Building Finance Corporation. The case revolved around the application of Service Regulations and various laws including the Service Tribunals Act and the Limitation Act. The Supreme Court concluded that the Service Tribunal had not correctly applied the law regarding the reinstatement and back benefits owed to the appellant. It emphasized the importance of providing reasons for decisions made by the Tribunal and noted the lack of justification for treating the intervening period as leave. This case highlights significant issues of employment law, the rights of civil servants, and the need for fair treatment in the workplace, making it a critical reference for future cases involving employee termination and reinstatement. Keywords: employment law, civil servants' rights, termination, reinstatement, House Building Finance Corporation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
House Building Finance Corporation
|
| Judges |
RANA BHAGWANDAS,
SYED DEEDAR HUSSAIN SHAH
|
| Lawyers |
M.M. Aqil Awan,
Miss Wajahat Niaz,
M.L. Shahani
|
| Petitioners |
Syed Muhammad Ali Gohar Zaidi
|
| Respondents |
House Building Finance Corporation and others
|
| Citations |
2004 SLD 1233 = 2004 SCMR 1811
|
| Other Citations |
Abdul Wahid v. Sirajuddin 1998 SCMR 2296,
Sajawal Khan v. Wali Muhammad 2002 SCMR 134,
Aftab Ahmed v. Karachi Electric Supply Corporation 1999 SCMR 197
|
| Laws Involved |
House Building Finance Corporation Service Regulations, 1957,
Service Tribunals Act (LXX of 1973),
Civil Servants Act (LXXI of 1973),
Limitation Act (IX of 1908),
Specific Relief Act (I of 1877),
Constitution of Pakistan (1973)
|
| Sections |
11,
2-A,
4,
17,
14,
42,
54,
212(3)
|