| Case ID |
39bea45b-719d-41dc-9912-01ba8c8e302b |
| Body |
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| Case Number |
Appeal No. 3 (L) of 1982 |
| Decision Date |
Jun 10, 1984 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the impugned order was set aside. The Tribunal directed that the appellant, who was prematurely retired, shall be reinstated with all consequential benefits effective from the date of his premature retirement. The Tribunal found that the actions taken against the appellant were mala fide, arbitrary, and unjustified, leading to victimization and suppression of the appellant's rights. The Tribunal emphasized that the statutory provisions were misused as a cover for these actions, which were deemed null and void in the eyes of law. |
| Summary |
This case revolves around the appeal filed by Muhammad Irshad Khan against the West Pakistan Water and Power Development Authority (WAPDA) concerning his premature retirement under section 17 (1-A) of the WAPDA Act, 1958. The appellant, a qualified engineer, was repatriated from a private company back to WAPDA but was denied duty and subsequently retired. The Tribunal found the actions taken against him were based on mala fide intentions and arbitrary decisions. The decision highlights issues of employee rights, legal scrutiny of administrative actions, and the importance of upholding the principles of natural justice in administrative law. Keywords such as 'employee rights', 'arbitrary decisions', and 'natural justice' are crucial for understanding the implications of this case. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
West Pakistan Water and Power Development Authority,
Mechanised Construction of Pakistan Ltd.
|
| Judges |
Muhammad Irshad Khan,
Brig. Abdur Rashid S. I. (M) (Retd.),
Aftab Ahmed Warsi
|
| Lawyers |
Ch. Muhammad Amin Shaida
|
| Petitioners |
Muhammad Irshad Khan,
Brig. Abdur Rashid S. I. (M) (Retd.)
|
| Respondents |
WAPDA
|
| Citations |
1984 SLD 1872,
1984 PLC 1414
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Water and Power Development Authority Act, 1958
|
| Sections |
17 (1-A),
4
|