| Case ID |
ecb7df32-c6f8-4c5f-88b7-549eef4adbd6 |
| Body |
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| Case Number |
Civil Appeal No.268 of 1980 |
| Decision Date |
Nov 12, 1986 |
| Hearing Date |
|
| Decision |
The appeal is allowed, and the impugned judgment of the Federal Service Tribunal is set aside. The proceedings are remanded for decision afresh. It was determined that the Federal Service Tribunal incorrectly assumed it had no jurisdiction to review the removal order of WAPDA under section 17(1-A). The case highlighted the need for consistency in treatment of employees and the necessity for cogent reasons in administrative actions. The judgment emphasized that arbitrary actions without justification are not acceptable in the legal framework governing employment and service matters. |
| Summary |
In the landmark case of Karamat Hussain vs WAPDA, the Supreme Court of Pakistan addressed critical issues concerning employment rights and administrative authority. The case revolved around the interpretation of section 17(1-A) of the West Pakistan Water and Power Development Authority Act, which permits the removal of employees without assigning reasons. The court emphasized the importance of natural justice and the need for administrative actions to be justified, especially when similar cases have been treated differently. This decision reiterates the significance of fair treatment in employment, setting a precedent for future cases involving public sector employment disputes. The ruling is essential for understanding the balance between administrative authority and employee rights within the framework of Pakistani law, making it a significant reference point for legal professionals and scholars. Keywords: employment law, administrative justice, WAPDA, service tribunal, legal precedent. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
WAPDA
|
| Judges |
NASIM HASAN SHAH,
SHAFIUR RAHMAN,
SAAD SAOOD JAN
|
| Lawyers |
Muhammad Zainul Abidin Advocate Supreme Court,
Muhammad Aslam Chaudhry Advocate-on-Record (absent),
Asif Hussain Siddiqui Advocate Supreme Court,
M.A. Qadri Advocate-on-Record
|
| Petitioners |
KARAMAT HUSSAIN
|
| Respondents |
WAPDA through its Chairman
|
| Citations |
1987 SLD 271,
1987 SCMR 242
|
| Other Citations |
WAPDA v. Agha Nazim Ali 1986 SCMR 18
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Water and Power Development Authority Act (XXXI of 1958),
Service Tribunals Act (LXX of 1973)
|
| Sections |
Art. 212(3),
S. 17(1-A),
S. 4
|