| Case ID |
fff8c934-f003-4420-94f5-26787416b5ee |
| Body |
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| Case Number |
Civil Petition No.1024 of 2008 |
| Decision Date |
Aug 27, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal and refused leave. The court held that the directions of the High Court were neither perverse nor fallacious, but just and proper as the petitioners could not be permitted to seek premium for the acts of apathy, stoicism, and impassivity displayed by them. The High Court had directed the bank to pay back-benefits to the respondent due to their failure to complete the enquiry within the stipulated timeframe given by the Federal Service Tribunal. Consequently, no case for grant of leave to appeal to the Supreme Court was made out. |
| Summary |
In a significant ruling, the Supreme Court of Pakistan addressed the case involving the dismissal of an employee from Zarai Taraqiati Bank Ltd. The employee, Aftab Ahmed Kolachi, was initially dismissed on charges of reckless lending by sanctioning loans worth Rs.4.737 million. The Federal Service Tribunal, upon appeal, set aside the dismissal, citing defective enquiry procedures and ordered reinstatement. However, the bank failed to comply within the four-month timeframe, leading to a legal challenge. The Sindh High Court directed the bank to pay back-benefits, a decision upheld by the Supreme Court. The Court noted that the bank's failure to act within the stipulated period demonstrated a lack of bona fide intent. This case highlights the importance of procedural compliance in employment disputes and the judiciary's role in ensuring justice. Keywords: Supreme Court of Pakistan, employee reinstatement, Federal Service Tribunal, Sindh High Court, procedural compliance, employment law, back-benefits. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Sindh High Court,
Federal Service Tribunal,
ZARAI TARAQIATI BANK LTD., ISLAMABAD
|
| Judges |
MUHAMMAD MOOSA KHAN LEGHARI,
SYED ZAWWAR HUSSAIN,
JAFFERY,
SHEIKH HAKIM ALI
|
| Lawyers |
Mr. Haider Hussain
|
| Petitioners |
others,
ZARAI TARAQIATI BANK LTD., ISLAMABAD
|
| Respondents |
others,
AFTAB AHMED KOLACHI
|
| Citations |
2009 SLD 1569,
2009 SCMR 129
|
| Other Citations |
PLD 2006 SC 602,
PLD 2007 SC 681
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
185(3)
|