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Latest Judgments (All Jurisdictions within Pakistan)
MUHAMMAD DIN VS THE STATE
Summary: Summary pending.
ABDUL MAJEED VS FAQIR BAKHSH
Summary: Summary pending.
KARIM BAKHSH VS MST KHURSHID BEGUM OTHERS
Summary: Summary pending.
MALIK ASGHAR VS THE STATE
Summary: Summary pending.
MST ANWAR BEGUM RW VS ABDUL KHALIQ
Summary: Summary pending.
NAZIR HUSSAIN VS THE STATE
Summary: Summary pending.
MST AFSAR BIBI VS THE STATE
Summary: Summary pending.
MST AFSAR BIBI VS THE STATE
Summary: Summary pending.
GHULAM JILLANI VS THE STATE
Summary: Summary pending.
MUHAMMAD SHAFI and 14 others Versus MANAGING DIRECTOR, NATIONAL ENGINEERING SERVICES, PAKISTAN (PVT.) LTD. (NESPAK), LAHORE and others
Summary: PLJ 2004 TrC (Services) 234 [Federal Service Tribunal Lahore] Present MOAZZAM HAYAT AND JEHAN ZAIB BURKI MEMBERS MUHAMMAD SHAFI and 14 others - Appellants versus MANAGING DIRECTOR NATIONAL ENGINEERING SERVICES PAKISTAN (PVT) LTD (NESPAK) LAHORE 10and others - - Respondents Appeals Nos 541 (L) to 546 (L) and 555 (L) to 563 (L) of 1999 decided on 8112003 (i) Master and Servant - No service rules framed under statute relationship between appellants and respondents was governed by principle of master and servant - Held Only remedy available to appellants was to claim damages for wrongful dismissal [P 236] A (ii) Service Tribunal Act 1973 - - S 2West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 - - O 13Servie Tribunal - Dispensed with under a retrenchment policy - Appellants were not fell within definition of civil servant as provided in Section 2 of the Service Tribunal Act 1973 - - Held Appellants are not civil servants so they have no locus standi to file appeals - Section 2 - A was inserted in Service Tribunal Act 1973 - Further held Claim of appeal for reinstatement in service cannot be allowed appeals accordingly dismissed [P 238] D E (iii) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 (VI of 1968) - - 0 13 - Employees were dispensed with under a retrenchment policy - pepartmental appeals were dismissed - Preferred appeals - Claim for reinstatement had been refused by High Court it could not be granted by Federal Service Tribunal - Tribunal could not sit over judgment of High Court - On contrary it was bound by that judgment - Held It is not possible for company to absorb surplus employees when projects are completed and no more projects - Further held Appellants were not proceeded against for any malice on part of respondents - Company was the best judge of financial resources - Employees cannot be thrust upon company when they are not needed - Appeal dismissed [Pp 236 237] B C Malik Noor Muhammad Awan Counsel for Appellants Mr Jawad Hasan Counsel for RespondentsJudgement Result:Appeals dismissed.