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Petitioner: MUHAMMAD ILYAS and another VS Respondent: THE PAKISTAN WATER AND POWER DEVELOPMENT AUTHORITY
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Nasim Hasan Shah Title:MUHAMMAD ILYAS and another vs THE PAKISTAN WATER AND POWER
DEVELOPMENT AUTHORITY Case No.: Civil Petitions Nos.126 and 128 of 1985 Date of Judgment:1988-11-20 Reported As: 1989 SCMR 610 Result: Leave to appeal granted Judgment ORDER ' NAS1M HASAN SHAH, J.--This order will dispose of both these petitions as the question requiring consideration in both these matters is the same. ' The appeals filed by the petitioners herein were placed before a Division Bench of the Federal Services Tribunal. There was a difference of opinion between the two members constituting the Bench; the first member was of the opinion that the appeals should be allowed and the orders of termination set aside while the second member was of the opinion that the appeals should be dismissed. The appeals were, accordingly, placed before the third member, namely, Justice Shah Abdur Rashid, Chairman of the Tribunal. The said learned third member agreed with the second member (who was of the opinion that the appeals should be dismissed) but at the same time opined that the order of termination passed against the petitioners was not properly worded and required some amendment. He advised the department accordingly. It is submitted that the learned Chairman has neither given any reason for agreeing with the second member and furthermore his observations, while agreeing with him, show that he was not satisfied with the terms of the order of termination and suggested that they should be amended, thereby practically contradicting himself that the orders deserved to be upheld. According to the learned counsel for the petitioners the appeals have not been disposed of properly in accordance with law. ' There is force in this submission. Leave granted. ' The appeals shall be made ready on the present record with liberty to the parties to add further documents, if any and put up for hearing at an early date.