| Case ID |
f6e4a70a-7693-4f70-b990-87b27f4cc422 |
| Body |
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| Case Number |
Civil Petitions Nos.1863 of 2009, 2191 of 2005, 80 |
| Decision Date |
Apr 13, 2010 |
| Hearing Date |
Feb 08, 2010 |
| Decision |
The Supreme Court of Pakistan decided on multiple civil petitions involving the interpretation of the Service Tribunals Act and the Removal from Service Ordinance. It was determined that employees under non-statutory corporations do not fall under the purview of civil servants as defined by the law. As a result, the petitions for relief were addressed distinctly based on the nature of the employment and the jurisdiction of the Service Tribunal. The court ruled that only employees whose services are governed by statutory rules could seek redressal through the Service Tribunal, and those under non-statutory rules would be subject to the principles of Master and Servant. The court converted some petitions into appeals and allowed them, while dismissing others for lack of jurisdiction. |
| Summary |
This case revolves around the interpretation of service laws applicable to employees of various organizations in Pakistan, particularly focusing on the definitions and jurisdiction outlined in the Service Tribunals Act and the Removal from Service Ordinance. The Supreme Court examined the status of civil servants and the implications of statutory versus non-statutory employment. The ruling established critical precedents for employees in governmental and corporate sectors, emphasizing the necessity for statutory backing to invoke the jurisdiction of service tribunals. The decision impacts thousands of employees across Pakistan, clarifying their rights and the appropriate forums for grievance redressal. Key terms include 'civil servant', 'Service Tribunal', and 'Removal from Service Ordinance', which are essential for understanding employment law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Allama Iqbal Open University,
Pakistan Steel Mill,
S.M.E. Bank Limited
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
CH. IJAZ AHMED,
GHULAM RABBANI
|
| Lawyers |
Raja M. Ibrahim Satti, Senior Advocate Supreme Court,
M. S. Khattak, Advocate-on-Record,
Abdul Rahim Bhatti, Advocate Supreme Court,
Nemo,
Tariq Mehmood, Senior Advocate Supreme Court,
M. Shoaib Shaheen, Advocate Supreme Court,
Anwar Mansoor Khan, Attorney-General for Pakistan
|
| Petitioners |
IMAM BUX,
EXECUTIVE COUNCIL, ALLAMA IQBAL OPEN UNIVERSITY,
M. TUFAIL HASHMI,
S.M.E. BANK LIMITED,
Mst. FARHAT ZAFAR,
CHAIRMAN, PAKISTAN STEEL BIN QASIM,
LIAQAT ALI ABBASI,
SECRETARY MINISTRY OF FINANCE,
ZAHEER AHMED KHAN,
MRS. ZAMURAT MEHMOOD
|
| Respondents |
Not available
|
| Citations |
2010 SLD 2835,
2010 SCMR 1484
|
| Other Citations |
Muhammad Mubeen-us-Salam v. Federation of Pakistan PLD 2006 SC 602,
Muhammad Idrees v. Agricultural Development Bank of Pakistan PLD 2007 SC 681,
Pakistan Telecommunication Company Ltd. v. Muhammad Zahid 2010 SCMR 253,
Pakistan International Airline Corporation v. Tanweer-ur-Rehman Civil Appeal No.172-K of 2009
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Removal from Service (Special Powers) Ordinance (XVII of 2000)
|
| Sections |
4,
2(c),
2(d),
9,
10
|