GUL MUHAMMAD vs FEDERATION OF PAKISTAN through Ministry of Finance Department, Islamabad art

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GUL MUHAMMAD VS FEDERATION OF PAKISTAN through Ministry of Finance Department, Islamabad art.199(1)(a)(ii)---Supervisory jurisdiction of High Court---Writ of certiorari---Scope---Certiorari is a remedy available to annul a decision on the grounds of a legal error---It can also be invoked to rectify jurisdictional errors when a lower court or a tribunal acts beyond its jurisdiction, fails to exercise its jurisdiction, or where the court or a tribunal acts unlawfully in the exercise of its undisputed jurisdiction and adjudicates a matter in contravention of the principles of natural justice---High Court in issuing a writ of certiorari, operates in the capacity of supervisory jurisdiction. Citation Name: 2025 PLC 30 KARACHI-HIGH-COURT-SINDHBookmark this Case GUL MUHAMMAD VS FEDERATION OF PAKISTAN through Ministry of Finance Department, Islamabad S.33---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15---Redressal of individual grievances---Dismissal from service---Petitioner while working as Cashier with the respondent-Bank was dismissed from service for a minor procedural error i.e. incorrectly dating a document, whereafter, he challenged his dismissal through various legal avenues and ultimately reached the National Industrial Relations Commission (NIRC) in view of "Mubeen-us-Salam" case (PLD 2006 SC 602)---Single Bench of NIRC initially ruled in favor of the petitioner, however, the Full Bench of NIRC overturned that decision on account of time barred grievance and failure to serve grievance notice---Validity---Pursuant to Para. 109(c) of the "Mubeen-us-Salam" case (PLD 2006 SC 602), cases or proceedings not safeguarded or encompassed by the judgment were deemed to have abated---Aggrieved party should seek recourse to the competent forums for the redressal of their grievances within a stipulated period of 90 days, and the statutory limitation imposed by the respective laws shall not be operative against them until the expiration of the aforementioned period---Paragraph 109(e) articulated that the Service Tribunal should adjudicate pending cases under S. 2-A of the Service Tribunals Act, 1973, in light of the preceding observations, however, if any of the cases fall within the purview of clause 'c' (ibid), a grace period of 90 days should be accorded to the aggrieved party to approach the competent forum for the redressal of its grievance, thus, the Federal Service Tribunal abated the appeal of the petitioner vide order dated 14.5.2010, advising the petitioner to seek a remedy before the appropriate forum for redressal of his grievance, whereafter, the petitioner filed the Grievance Application before Labour Court, on 15.06.2010, afresh under the provision of the Industrial Relations Ordinance (IRO), 2002, thereby falling within the stipulated 90-days' period---Hence, the findings of the Full Bench of the N.I.R.C regarding counting the period were erroneous and constituted a misreading of the judgment of the Supreme Court of Pakistan---Petitioner erroneously addressed his departmental appeal to the President of the respondent-Bank, however, despite the same being addressed to the President, it was entertained and adjudicated upon on its merits by the Vice President, who did not stated that it was erroneously addressed to the President, thus, the departmental appeal of the petitioner could be construed as a grievance notice---Respondent-bank had not furnished any substantive evidence to suggest that the mistake committed by the petitioner was intentional or premeditated for illicit gains---Such errors in routine work were plausible due to the exigencies of work and for such a minor infraction, the petitioner could not be subjected to the severe penalty of dismissal from service---Respondent bank had not incurred any financial loss---Constitutional petition was allowed, in circumstances.

GUL MUHAMMAD vs FEDERATION OF PAKISTAN through Ministry of Finance Department, Islamabad art — 2025 PLC 30 KARACHI-HIGH-COURT-SINDH

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