Full Judgment Text & Judicial Ruling

2004 P L C (C

2004 P L C (C. S.) 418

[Supreme Court of Pakistan]

Present: Munir A. Sheikh, Qazi Muhammad Farooq and Abdul Hameed Dogar, JJ'

PAKISTAN INTERNATIONAL AIRLINES CORPORATION

versus

ABDUL GHAFOOR and others

Civil Appeal No. 1582 of 2000, decided on 24th May, 2002

(a) Service Tribunals Act (LXX of 1973)‑‑‑

‑‑‑‑Ss.. 2‑A & 4‑‑‑Constitution of Pakistan (1973), Art.212(3)‑‑ Contractual employees of Pakistan International Airlines Corporation‑‑ Termination of service‑‑‑Supreme Court granted leave to appeal to consider as to whether S.2‑A of Service Tribunals Act, 1973 would be applicable to such employees, and that which provision .of law would govern removal/termination of such employees.

(b) Service Tribunals Act (LXX of 1973)‑‑‑

‑‑‑‑Ss. 2‑A. & 4‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑ Contractual employee of Pakistan International Airlines Corporation‑‑ Order of termination of service of such employee not passed by Competent Authority‑‑‑Service Tribunal accepted appeal of employee, which judgment was upheld by Supreme Court.

Qamarul Islam Abbas, Advocate Supreme Court for Appellant.

Respondent No. 1 in person.

Date of hearing: 24th May, 2002.

JUDGMENT MUNIR A. SHEIKH, J.‑‑‑This appeal by leave is directed against the judgment dated 18‑7‑2002 of the Federal Service Tribunal, Islamabad, (hereinafter called as 'the Tribunal') whereby on acceptance of appeal filed by the respondent No. l against the order of his termination of service, he has been reinstated in service.

2. Leave to appeal was granted to consider the following points:‑'

"As to whether section 2‑A of the Service Tribunals Act, 1973 would be applicable in case of contractual employees of the Corporation and which provisions of law would govern the removal/termination of such employees?"

3. We have gone through the judgment of the Tribunal and find that the main ground on which the appeal of respondent No.1 was accepted was that the termination order was not passed by the competent authority. Nothing has been said about this aspect of the case in the appeal. We have gone through the record and find that the case was taken up at the departmental level of the PIA to find out as to what was the effect of non‑availability of order‑ in writing of the competent authority and find that it was admitted by the departmental authority that no approval of the Competent Authority for termination of the service of respondent No. 1, Waheed Murad and Amanullah was available on the record and it was pointed out that there might been verbal instructions.

4. Learned counsel for the appellants has argued that even if respondent No. l was covered by the definition of civil servant by virtue of section 2‑A of the Service Tribunals Act, 1973, but the Tribunal was required to decide the, same according to terms and conditions of the service as contained in his contract of service and determine whether the same was in accordance therewith and on other ground respondent No.1 could be re‑instated in service.

5. Even if this criteria is applied, it was required that termination order should be passed by a competent authority, therefore, on this short ground this appeal is liable to be dismissed as the order of termination of the service of respondent No. l was not made by a competent authority.

6. For the foregoing reasons, the appeal has not merit, and the same is hereby dismissed leaving the parties to bear their own costs.'

S.A.K../P‑118/S Appeal dismissed.

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