| Case ID |
f7dd22b4-3e97-4aa7-8609-1115e19c4e35 |
| Body |
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| Case Number |
Civil Petition No. 490-K of 1993 |
| Decision Date |
Feb 22, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to consider the legal questions raised, particularly regarding the interpretation of Article 9 of the President's Order No. 1 of 1983. The Court found that the Review Board's recommendation to reinstate the respondent was valid despite the absence of a written decision. The Court held that the jurisdiction of the Wafaqi Mohtasib to entertain the complaint was established, and the petitioner was directed to provide all benefits as per the Review Board's findings. The operation of the impugned judgment was stayed, subject to the petitioner revalidating the bank guarantee furnished in the High Court. |
| Summary |
This case revolves around the interpretation of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order 1983 and the Constitution of Pakistan. The Supreme Court of Pakistan examined the jurisdiction of the Wafaqi Mohtasib in relation to a terminated employee of Pakistan International Airlines. The case highlights the significance of the Review Board's recommendations and the implications of maladministration. The decision emphasizes the rights of employees in matters of termination and reinstatement, particularly under political grounds. The Court's ruling reinforces the importance of procedural fairness in administrative decisions, ensuring that employees receive due benefits and just treatment in the face of termination. The ruling is critical for understanding the legal framework surrounding employment rights and administrative justice in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
PAKISTAN INTERNATIONAL AIRLINES CORPORATION,
WAFAQI MOHTASIB
|
| Judges |
AJMAL MIAN,
SAJJAD ALI SHAH,
SALEEM AKHTAR
|
| Lawyers |
Khalid Anwar, Advocate Supreme Court,
Majida Razvi, Advocate-on-Record,
Iqtidar Ali Hashmi, Advocate, Supreme Court,
M.S. Ghaury, Advocate-on-Record
|
| Petitioners |
PAKISTAN INTERNATIONAL AIRLINES CORPORATION, KARACHI
|
| Respondents |
2 others,
WAFAQI MOHTASIB
|
| Citations |
1994 SLD 398,
1994 PLD 484
|
| Other Citations |
Not available
|
| Laws Involved |
Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order 1983,
Constitution of Pakistan (1973)
|
| Sections |
Art. 9,
Art. 185 (3)
|