| Case ID |
43554c4a-9296-4223-ba63-6de76059a876 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeals Nos. 1796 to 1798 of 1998, 378 of 19 |
| Decision Date |
Dec 01, 2000 |
| Hearing Date |
Nov 27, 2000 |
| Decision |
The Supreme Court of Pakistan, through a common judgment, disposed of multiple civil appeals and petitions involving similar questions of law and fact. The court noted that, despite the appeals being time-barred, the delay in filing them could be condoned due to the peculiar circumstances surrounding the cases. The court emphasized that the termination of employees, especially trainees and probationers, should adhere to principles of natural justice, particularly when there are allegations of mala fide actions by the employer. The decision remitted the cases back to the Service Tribunal for a fresh disposal in accordance with the law and observations made by the Supreme Court. The ruling underscored the necessity for show-cause notices in cases of termination that lack proper justification and highlighted the importance of the contractual nature of employment in relation to the Service Tribunals Act. |
| Summary |
In the landmark case before the Supreme Court of Pakistan, a series of civil appeals and petitions were consolidated, challenging the terminations of various employees from Pakistan State Oil Company Ltd. The court addressed critical issues regarding the applicability of the Service Tribunals Act and the rights of employees, particularly regarding the necessity of show-cause notices when termination is alleged to be mala fide. The court's ruling emphasized the rights of contractual employees and the importance of adhering to principles of natural justice, paving the way for a more equitable treatment of employees in similar circumstances. This case serves as a pivotal reference regarding employment law in Pakistan, particularly concerning the rights of employees against arbitrary dismissal and the procedural safeguards that should be in place to protect their rights. It provides clarity on the interpretation of contractual obligations and the enforcement of employee rights under the law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
ISLAMIC REPUBLIC OF PAKISTAN,
PAKISTAN STATE OIL CO. LTD.,
FEDERAL SERVICE TRIBUNAL
|
| Judges |
IRSHAD HASAN KHAN, C.J.,
CH. MUHAMMAD ARIF,
QAZI MUHAMMAD FAROOQ
|
| Lawyers |
Raja Haq Nawaz, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
A.H. Gillani, Advocate Supreme Court,
Sh. Riaz-ul-Haq, Advocate Supreme Court,
Ijaz Muhammad Khan, Advocate-on-Record,
Ubaid-ur-Rehman, Advocate Supreme Court,
Fateh Muhammad Khan, Advocate-on-Record,
A.H. Lakhoo, Advocate Supreme Court
|
| Petitioners |
ISHFAQ HUSSAIN,
MUHAMMAD AKRAM KHAN,
JOHN GEORGE,
SAJID AHMAD,
MUHAMMAD TAHIR KHAN,
FAZLE MANSOOR,
ALLAH DINO MIRANI,
ZAFAR ALI ARBAB,
MUHAMMAD SIBITAIN BHATTI
|
| Respondents |
PAKISTAN STATE OIL COMPANY LTD.,
FEDERAL SERVICE TRIBUNAL,
ISLAMIC REPUBLIC OF PAKISTAN
|
| Citations |
2001 SLD 1927,
2001 PLC 591
|
| Other Citations |
Muhammad Nazir Malik v. S.A.T. Wasti and others 2000 SCMR 1255,
Muhammad Afzal v. Karachi Electric Supply Corporation 1999 SCMR 92,
Furqan Habib and others v. Government of Pakistan and others C.Ps. Nos. 2049-L to 2051-L of 1998,
Khan Muhammad v. Senior Superintendent of Police, Rawalpindi and others 1989 SCMR 589,
Syed Haji Abdul Wahid and another v. Syed Sirajuddin 1998 SCMR 2296,
Lt.-Col. Shujauddin Ahmad v. Oil and Gas Development Corporation 1971 SCMR 566,
Chairman of East Pakistan Development Corporation v. Rustam Ali PLD 1966 SC 848,
Lahore Central Cooperative Bank Limited v. Pir Saifullah Shah PLD 1959 SC (Pak) 210,
Zainul Abedin v. Multan Central Cooperative Bank Limited PLD 1966 SC 455,
Shahid Khalil v. P.I.A.C., Karachi 1971 SCMR 568
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
7,
2-A,
4,
212
|