| Case ID |
2c682e1b-4440-4470-9650-bdfb577328f4 |
| Body |
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| Case Number |
Civil Appeal No. 314-L of 2010 |
| Decision Date |
Jul 19, 2011 |
| Hearing Date |
Jul 19, 2011 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of Ziaullah Khan Niazi, setting aside the judgment of the Service Tribunal. The Tribunal was found to have misdirected itself regarding its jurisdiction over the case concerning the employment status of the respondent, who was not classified as a civil servant. The Court reiterated that employees of the Pakistan Red Crescent Society do not fall under the definition of civil servants and thus cannot invoke the jurisdiction of the Service Tribunal. The case was remanded for a fresh decision in accordance with the law, emphasizing the need for the Tribunal to address the jurisdictional question prior to proceeding with the merits of the case. |
| Summary |
In the case of Ziaullah Khan Niazi v. Chairman Pakistan Red Crescent Society, the Supreme Court of Pakistan addressed the jurisdiction of the Service Tribunal concerning employees of the Pakistan Red Crescent Society. The appellant, Ziaullah Khan Niazi, was removed from service, but the Tribunal reinstated him without adequately determining its jurisdiction. The Supreme Court emphasized that the Red Crescent Society's employees are not civil servants, thus the Service Tribunal lacked the authority to hear the appeal. This judgment serves as a significant precedent in employment law, particularly concerning the classification of employees in charitable organizations versus civil service roles. The ruling highlights the critical nature of jurisdiction in administrative proceedings and reinforces the legal boundaries distinguishing civil servant status. Key cases referenced include Ziaullah Khan Niazi v. Chairman Pakistan Red Crescent Society (2004 SCMR 189) and Pakistan Red Crescent Society v. Nazir Gillani (PLD 2005 SC 806). This case underscores the importance of understanding the legal framework governing employment in non-governmental organizations and the implications for employee rights and remedies. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Red Crescent Society
|
| Judges |
Tassaduq Hussain Jillani,
Mahmood Akhtar Shahid Siddiqui
|
| Lawyers |
Sh. Shahid Waheed,
M. Hanif Khan Niazi
|
| Petitioners |
Ziaullah Khan Niazi
|
| Respondents |
Chairman Pakistan Red Crescent Society
|
| Citations |
2011 SLD 1884,
2011 PLC 1640
|
| Other Citations |
2004 SCMR 189,
PLD 2005 SC 806,
2005 SCMR 65,
PLD 2006 SC 602,
2010 SCMR 1484,
2010 SCMR 1495
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance, 2000,
Pakistan Red Crescent Society Act, 1920,
Service Tribunals Act, 1973
|
| Sections |
10,
4,
4
|