| Case ID |
224610d3-284f-4be7-b9f9-b8e1f830ac51 |
| Body |
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| Case Number |
Civil Appeal No. 696 of 1988 |
| Decision Date |
Jul 03, 1991 |
| Hearing Date |
Jul 03, 1991 |
| Decision |
The Supreme Court of Pakistan addressed the issue of whether an employee of the Urban Transport Corporation could be considered a civil servant. The court found that the Service Tribunal had not adequately analyzed the employee's appeal. Therefore, it remanded the case for a fresh decision, allowing the employee to present new documents to establish their status. This ruling is significant as it clarifies the conditions under which employees of government-affiliated organizations may claim civil service status. |
| Summary |
In the landmark case of Civil Appeal No. 696 of 1988, the Supreme Court of Pakistan examined the legal status of employees of the Urban Transport Corporation. The case revolved around the interpretation of Article 212(3) of the Constitution of Pakistan, which pertains to the compulsory retirement of government employees. The court emphasized the importance of thorough examination by the Service Tribunal when dealing with claims of civil service status. The decision to remand the case highlighted the necessity for justice and the opportunity for employees to substantiate their claims with additional documentation. This case has implications for labor rights and the definition of civil service in Pakistan, serving as a precedent for future cases involving similar issues. Legal practitioners, scholars, and employees in government-affiliated sectors should take note of this ruling, which reinforces the judiciary's role in ensuring fair treatment within administrative frameworks. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKURUL SALAM,
RUSTAM S. SIDHWA,
MUHAMMAD AFZAL LONE
|
| Lawyers |
Muhammad Zaman Qureshi, Advocate Supreme Court,
Ch. Qamaruddin Khan Meo, Advocate-on-Record,
Rana Muhammad Bashir, Advocate Supreme Court,
Mian Ataur Rehman, Advocate-on-Record
|
| Petitioners |
BASHIR AHMAD CH.
|
| Respondents |
others,
SECRETARY, GOVERNMENT OF THE PUNJAB, GA.I.D. (TRANSPORT CELL), LAHORE
|
| Citations |
1992 SLD 1126,
1992 PLC 1119
|
| Other Citations |
Fayyaz Ali Khan v. Government of West Pakistan 1971 SCMR 454,
Ch. Rafiq Ahmad Shad v. Chairman, Punjab Road Transport Board 1977 PLC (C.S.T.) 110,
Punjab Road Transport Board v. Punjab Service Tribunal 1982 SCMR 76
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art.212(3)
|