Dismissal from service

Citation Name : 2012 PLC(CS) 1116 SUPREME-COURT
Side Appellant : CIVIL AVIATION AUTHORITY
Side Opponent : MUHAMMAD YOUSAF AMAF
S. 4---Constitution of Pakistan, Art.212(3)---Appeal---Dismissal from service---Dismissal of appeal on 8-7-2006 for having abated---Grievance petition filed by appellant in Labour Court dismissed on 24-3-2007 for want of prosecution---Appellant's application for restoration of grievance petition dismissed by Labour Court on 11-12-2007---Appellant's application filed on 21-10-2009 in Service Tribunal for recalling order of abatement for having been passed by its Registrar---Order of Tribunal reviving appeal---Validity---Order of abatement had been passed and signed by two Members of Tribunal and not by its Registrar as alleged by appellant---Appellant had not explained as to why he had not challenged orders of Labour Court dismissing his grievance petition and restoration application---Tribunal had no jurisdiction to recall order of abatement on basis of such application filed after two years of dismissal of appellant's case by Labour Court---Any order made by Tribunal after passing order of abatement of appeal would itself be without jurisdiction or lawful authority---Impugned order of Tribunal reviving appeal was patently without jurisdiction---Supreme Court set aside impugned order and affirmed appellant's dismissal from service for having attained finality.

Citation Name : 2012 CLC 1577 QUETTA-HIGH-COURT-BALOCHISTAN
Side Appellant : DATSUN MOTORS through Proprietor
Side Opponent : Syed AIN ULLAH AGHA
S. 15---Civil Procedure Code (V of 1908) S.2(2)---Ejectment petition of tenant on ground of bona fide personal need of landlord was accepted---"Decree"---Definition---abatement ---Scope---Contention of the tenant (appellant) was that since the landlord had died after the order of the Rent Controller; his legal heirs could not get the benefit of the impugned order of the Rent Controller---Validity---Deceased landlord had succeeded in the ejectment petition on ground of bona fide personal need and the Trial Court/Rent Controller had ordered the tenant to vacate the premises---Decree had been defined in S.2(2) of the C.P.C. as a formal expression of adjudication, determining the rights of the parties to the suit etc.---Word "party(s)" shall include his/their legal representative(s), who represent(s) the estate of the deceased and stepped into his/her/their shoes---Decree was a declaration of a right of a party, which entitled it to get such a right---Decree in favour of the landlord, entitled him to get possession of the disputed property, therefore, upon his death, the decree did not abate---Once a right was accrued in favour of a decree-holder, after his death, it automatically devolved upon his legal heirs and they had the right to defend the decree and were entitled to contest the appeal---Appeal was dismissed.

Citation Name : 2012 CLD 1339 KARACHI-HIGH-COURT-SINDH
Side Appellant : NAVEED JAN BALOCH
Side Opponent : FEDERATION OF PAKISTAN through Secretary, Ministry of Commerce
Preamble & S. 31---Trade Organization Rules, 2007---­Constitution of Pakistan, Arts. 89, 128 & 264---General Clauses Act (X of 1897), S.6---Promulgation of Trade Organizations Ordinance, 2007 on 5-6-2007 and framing of Trade Organizations Rules, 2007 on 7-6-2007---abatement of Rules 2007 after expiry of Ordinance, 2007 by efflux of time in October 2007---Scope---Statute having repealed would be considered as never existed and bye-laws made there under would cease to have any validity unless repealing statute contained some provision preserving validity thereof notwithstanding the repeal---Trade Organizations Ordinance, 2007 was not repealed by virtue of the Constitution, but same died its natural death by operation of statute after expiry of four months, thus, there was no question of having any provision preserving validity of the Trade Organisations Rules, 2007---Principles.

Citation Name : 2012 PTD 1459 Customs, Federal Excise and Sales Tax Appellate Tribunal
Side Appellant : VENUS PAKISTAN (PVT.) LTD., ISLAMABAD
Side Opponent : ADDITIONAL COLLECTOR CUSTOMS, DTRE, AFU, BBI, ISLAMABAD
Ss. 18, 21, 27, 108, 110, 115, 121, 122 & 123---abatement of duties and taxes in case of goods destroyed---Duties and taxes were liable to be abated or remitted in case of goods destroyed because of natural decay, unavoidable incident, accident occurred beyond the control of possessor, protector of the goods.

Citation Name : 2012 PLC 262 LABOUR-APPELLANT-TRIBUNAL-BALOCHISTAN
Side Appellant : MUHAMMAD IMRAN
Side Opponent : REGISTRAR MANAGER, UTILITY STORE CORPORATION OF PAKISTAN (PVT.) LTD., QUETTA
Ss. 46 & 48---Termination of service---Grievance petition---Contract of employment of employee having been terminated contrary to the facts and law, employee filed appeal before Service Tribunal, which appeal was abated in view of judgment of Supreme Court dated 27-6-2006---Employee, after abatement of appeal, filed grievance application which was dismissed by the Labour Court after discussing two issues i.e., first the maintainability of application as per provisions of Industrial Relations Ordinance, 2002 that employee did not fall within the definition of "worker" or "workman", which was decided in favour of the employee; second issue about the non-service of grievance was decided against the employee---Once a legal objection/point had been decided by the same forum, against which no appeal/revision had been filed, and which had attained its finality, same legal point/objection could not be decided by the same forum without review of the previous order---Impugned order wherein two legal issues had been decided in favour of employee/applicant, whereafter one of those issues decided against the employee, whereof his application was dismissed, Labour Court had wrongly dismissed application of the employee on the point of non-service of the grievance notice---Case was remanded to the Labour Court for decision on merit, for the reason that Supreme Court had always encouraged decision of case on merits instead of non-suiting litigants on technical reasons including the ground of limitation.