| Case ID |
31cea810-6a04-41b1-b39b-121f72962901 |
| Body |
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| Case Number |
Regular First Appeal No. 539 of 2006 |
| Decision Date |
Jun 12, 2007 |
| Hearing Date |
Jun 12, 2007 |
| Decision |
The appeal was allowed, and the impugned order and decree was set aside, resulting in the suit filed by the appellant being deemed pending before the civil court. The court emphasized that the appellant, having served in the merged bank and completed 25 years of service, was not treated as a civil servant under the Service Tribunals Act, 1973. The case established that claims for damages due to the actions of the respondents were valid and should be adjudicated by the civil court rather than being dismissed on jurisdictional grounds under Article 212 of the Constitution. |
| Summary |
The case revolves around Riaz Ahmed, who served as a Godown Keeper in the Bank of Bahawalpur, which later merged with the National Bank of Pakistan. After 25 years of service, Riaz faced issues regarding unpaid emoluments due to the exclusion of his earlier service period. Following unsuccessful attempts to resolve the matter through various courts, he filed a suit claiming damages against the National Bank and its officials, attributing mala fide actions to them. The Lahore High Court ultimately ruled that the civil court had jurisdiction over the claim for damages, as the appellant did not fall under the definition of a civil servant as per the Service Tribunals Act. This decision reinforces the right of employees to seek redress for grievances in civil courts, especially in cases involving employment disputes related to service terms. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ,
SYED ASGHAR HAIDER
|
| Lawyers |
Muhammad Akram Javed,
Zafar Iqbal Chaudhary
|
| Petitioners |
RIAZ AHMED
|
| Respondents |
3 others,
PRESIDENT, NATIONAL BANK OF PAKISTAN
|
| Citations |
2007 SLD 2501,
2007 PLC 1325
|
| Other Citations |
Muhammad Mubeen-us-Salam and others v. Federation of Pakistan PLD 2006 SC 602,
Federal Ministry of Railways and others v. Zafarullah Khan 1988 PLC (C.S.) 602,
Zafar Ali Qureshi v. Muhammad Ali PLD 2002 SC 723
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 212,
O.VII, R.11
|