| Case ID |
4668a92c-b754-44cb-81ef-b53c43e1ccee |
| Body |
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| Case Number |
Appeal No. 155 of 1974 |
| Decision Date |
Apr 01, 1977 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal dismissed the appeals filed by Nirmal Das Kalyandas Ahuja, Abdul Razak, and Muhammad Siddique Ghulam Muhammad Qazi against their retirement orders under the Sind Civil Servants Act. The Tribunal held that the retirement after 25 years of service does not carry any stigma and can be ordered by the Government without providing a right of audience. The appellants contended that their retirements were unjust and lacked proper procedure, but the Tribunal found that the competent authority acted within its discretion. The decision reinforced the notion that retirement in public interest after completing 25 years of service is lawful and does not infringe upon the rights of the civil servant. Consequently, the appeals were dismissed for lack of merit and procedural compliance. |
| Summary |
The case revolves around the legal intricacies of retirements under the Sind Civil Servants Act, particularly Section 13, which allows retirement after 25 years of service. The Tribunal addressed appeals from three civil servants challenging their retirements, arguing procedural violations and unjust treatment. The key takeaway is the affirmation that such retirements, deemed in public interest, are valid and do not require extensive procedural safeguards. The ruling emphasizes the authority of the government to act in public interest while delineating the limits of judicial scrutiny in administrative decisions. This case is significant for understanding civil service regulations, retirement protocols, and the balance between employee rights and governmental discretion. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
ABDUL WALI MAKHDOOM (CHAIRMAN),
ABDUL KADIR,
ABDUL HADI SHAH
|
| Lawyers |
Mr. Kazi Akhtar
|
| Petitioners |
NIRMAL DAS KALYANDAS AHUJA,
ABDUL RAZAK,
MUHAMMAD SIDDIQUE GHULAM MUHAMMAD QAZI
|
| Respondents |
GOVERNMENT OF SIND,
THE CHIEF SECRETARY, GOVERNMENT OF SIND,
THE PROVINCE OF SIND AND ANOTHER
|
| Citations |
1978 SLD 952,
1978 PLC 70
|
| Other Citations |
P L D 1967 Lah. 227,
P L D 1960 S C 113,
P L D 1976 Pesh. 581,
P L D 1970 S C 90,
A. M. Khan, Leghari v. Government of Pakistan and others H L D 1967 Lab. 227,
P L D 1970 S C 98
|
| Laws Involved |
Sind Civil Servants Act (XIV of 1973),
Sind Service Tribunals Act (XV of 1973)
|
| Sections |
13,
4
|