MANZOOR ELAHI vs PRESIDENT, UBL S — 2021 PLC(CS) 544 SUPREME-COURT

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MANZOOR ELAHI VS PRESIDENT, UBL S. 5(1)---Service Tribunal, judgment of---Non-implementation of judgment by the employer---Abatement of judgments of the Tribunal in view of the case reported as Muhammad Mubeen-us-Salam v. Federation of Pakistan (PLD 2006 SC 602)---Scope---Service Tribunal vide its judgment dated 07-09-1998 ordered reinstatement in service of appellant-employee---Said judgment was not complied with by the respondent-bank---Subsequently appellant was again dismissed from service after de novo inquiry proceedings without reinstating him into service---Such dismissal order was again challenged by the appellant before the Tribunal---Dismissal order was (again) set aside by the Tribunal vide judgment dated 01-06-2006 and the respondent-Bank was again directed to reinstate the appellant in service in pursuance of earlier judgment of the Tribunal dated 07-09-1998 and proceed further in accordance with the directions issued in the said judgment---Second judgment of the Tribunal was also not implemented by the respondent-Bank on the ground that the judgment of the Tribunal dated 01.06.2006 stood abated in view of the case reported as Muhammad Mubeen-us-Salam v. Federation of Pakistan (PLD 2006 SC 602) [Mubeen-us-Salam's case]---Held, that perusal of 'Mubeen-us-Salam's case' as clarified in the case of Muhammad Idrees v. Agricultural Development Bank of Pakistan (PLD 2007 SC 681) led to the conclusion that the Service Appeal filed by the appellant did not abate because the judgment of the Tribunal was never challenged by the respondent-bank and attained finality and was executable---In allowing the Service Appeal of the appellant, the Tribunal had directed the respondent-Bank to reinstate him in service pursuant to the judgment of the Tribunal dated 07-09-1998 and proceed in accordance with the directions given in the judgment---Conduct of the respondent-Bank had all along been obstructive and showed lack of respect for the judicial system and verdicts of Courts---However, at present much water had flown under the bridge since the year 1998 and the appellant had also crossed the age of superannuation since long, therefore, it would be impracticable to seek implementation of the judgment of the Tribunal owing to efflux of time without any fault on the part of the appellant---Delay in delivery of justice to the appellant had occurred on account of changes in law for reasons not attributable to him and on account of no fault on his part---Appellant stated before the Court that he would be satisfied if he was given his dues in accordance with Golden Handshake Scheme/Voluntary Separation Scheme ("GHS/VSS") given by the respondent-Bank to its other employees considering that on the date of his dismissal i.e. 15-07-1997 the appellant had more than 20 years of service to his credit---Supreme Court observed that such stance of the appellant was fair and reasonable and would advance the ends of justice, and consequently directed that the respondent-Bank shall calculate and release the dues of the appellant in accordance with the formula of GHS/VSS offered by it to its employees keeping in view the length of service of the appellant from the date of his employment till the date of his first dismissal on 15-07-1997, and that his case will be considered as if he was never dismissed, and was in service of the Bank and had opted for the GHS/VSS---Appeal was allowed.

MANZOOR ELAHI vs PRESIDENT, UBL S — 2021 PLC(CS) 544 SUPREME-COURT

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