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Petitioner: BASHIR AHMAD CH. VS Respondent: SECRETARY, GOVERNMENT OF THE PUNJAB,GA.I.D. (TRANSPORT CELL), LAHOREHonorable Justice RUSTAM S. SIDHWA
1992 P L C (C
1992 P L C (C.S.) 1119
[Supreme Court of Pakistan]
Present: Abdul Shakurul Salam, Rustam S. Sidhwa and Muhammad Afzal Lone, JJ
BASHIR AHMAD CH.
versus
SECRETARY, GOVERNMENT OF THE PUNJAB, GA.I.D. (TRANSPORT CELL), LAHORE and others
Civil Appeal No.696 of 1988, decided on 3rd July, 1991.
(From the judgment of the Punjab Service Tribunal, Lahore, dated 15-1-1984, passed in Appeal No.583/118 of 1982).
(a) Constitution of Pakistan (1973)--
----Art.212(3)---Compulsory retirement of employee of Urban Transport Corporation---Employee claiming to be employee of Provincial Government which claim was rejected by the Service Tribunal---Validity---Leave to appeal was granted to consider as to whether such employee could be treated as one on deputation, in view of decision of Supreme Court in Fayyaz Ali Khan's case reported as 1971 SCMR 454.
Fayyaz Ali Khan v. Government of West Pakistan 1971 SCMR 454 rel.
(b) Constitution of Pakistan (1973)--
----Art.212(3)---Employee of Urban Transport Corporation claiming status of Government employee---Service Tribunal while rejecting employee's appeal had not dealt with the matter in some depth---Employee's appeal was remanded in the interest of justice for decision afresh as to whether the employee was a civil servant or not after taking into consideration fresh documents that might be produced by the parties.
Ch. Rafiq Ahmad Shad v. Chairman, Punjab Road Transport Board 1977 PLC (C.S.T.) 110 and Punjab Road Transport Board v. Punjab Service Tribunal 1982 SCMR 76 ref.
Muhammad Zaman Qureshi, Advocate Supreme Court and Ch. Qamaruddin Khan Meo, Advocate-on-Record for Appellant.
Respondents Nos.l and 2: Ex-parte.
Rana Muhammad Bashir, Advocate Supreme Court and Mian Ataur Rehman, Advocate-on-Record for Respondent No.3.
Date of hearing: 3rd July, 1991.