| Case ID |
5cb88a1a-eef4-43db-b5d1-f6872f9eb6c4 |
| Body |
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| Case Number |
Civil Appeal No.104 of 1982 |
| Decision Date |
Feb 05, 1982 |
| Hearing Date |
Feb 05, 1985 |
| Decision |
The Supreme Court of Pakistan ruled that the National Bank of Pakistan (Staff) Service Rules, 1953 are indeed statutory instruments that provide a legal basis for maintaining a suit for declaration in a Civil Court. The court affirmed the High Court's decision that there was a violation of the statutory rules during the dismissal of the respondent, which rendered the dismissal wrongful. Consequently, the appeal by the National Bank of Pakistan was dismissed, upholding the lower court's ruling that the respondent was entitled to relief based on the statutory framework governing his employment. |
| Summary |
This case revolves around the dismissal of Manzoor-ul-Hassan from the National Bank of Pakistan, where he had served since 1958. Following disciplinary proceedings initiated against him in 1970, he was dismissed in 1971. The respondent challenged this dismissal in a civil suit, claiming it was wrongful and void. The lower courts initially sided with the respondent, asserting that his employment was governed by statutory rules. The Supreme Court ultimately confirmed that the National Bank's Staff Service Rules were statutory instruments and that the dismissal did not follow proper procedures as stipulated, leading to the respondent's reinstatement. This case is significant in understanding the legal framework surrounding employment rights within statutory bodies, emphasizing the importance of adherence to procedural safeguards in employment dismissals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Bank of Pakistan,
Manzoorul Hassan
|
| Judges |
MUHAMMAD HALEEM, CJ,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA,
M.S.H. QURAISHI, JJ
|
| Lawyers |
Raja Muhamamd Akram, Advocate Supreme Court,
Muhammad Yuqub Khan, Advocate Supreme Court,
Sh. Ziaullah, Advocate Supreme Court
|
| Petitioners |
NATIONAL BANK OF PAKISTAN
|
| Respondents |
MANZOORUL HASSAN
|
| Citations |
1989 SLD 778,
1989 SCMR 832,
1989 SLD 1334
|
| Other Citations |
P L D 1984 S C 170
|
| Laws Involved |
Constitution of Pakistan, 1973,
National Bank of Pakistan Ordinance (XIX of 1949),
National Bank of Pakistan (Staff) Service Rules, 1953
|
| Sections |
185(3),
32,
42
|