' ABDUL GHIAS NOUSHERWANI (MEMBER).--- Being aggrieved by the order of District and Session Judge 1st Labour Court Balochistan Quetta in case No 5 of 2007 order dated 30-9-2009 preferred the instant appeal wherein their grievance petition was dismissed.
2. The appellants along with 2338 employees of respondent bank retrenched on 13-2-2006 being guards, drivers etc. The retrenched employees approached NIRC Quetta and Islamabad. After granting interim relief petition was dismissed on 6-2-2007 for want of jurisdiction. The appellants after dismissal of petition from NIRC issued grievance notice followed by grievance petition which was dismissed hence this appeal.
3. At the very outset the counsel for respondent submitted a memo. Dated 9-1-2012 wherein appellant No,2 was paid an amount of Rupees 1053783.49 being retrenchment dues payable to him and another document wherein appellant No,2 acknowledge that he received the sum of Rupees 347375 after deducting income taxes of A Rupees 2625 through check dated 12-1-2012 paid to him by the bank in compliance with the order of the honorable Supreme Court dated 12-1-2010 passed in HR Case No,710-P of 2009. These documents have not been denied by the counsel of appellant and requested that the name of respondent No,2 be deleted as he is not in field. Request was allowed.
4. The learned counsel for appellant contended that he appellant was retrenched in violation of section 11-A of Standing Order Ordinance. Further submitted that the Learned Labour Court after recording evidence on Issue No,3 dismissed the grievance petition. Lastly submitted that the appellant was not a party before honorable Supreme Court. On the other hand learned counsel for respondent contended that the respondent bank retrenched 2340 employees according to the decision/resolution of the board with necessary and admissible benefits. Further contended that this issue has been resolved by honorablt Supreme Court of Pakistan twice and according to the decision of honorable Supreme Court most of the retrenched employees were paid retrenched money as well as additional money fixed by Honorable Supreme Court of Pakistan.
5. The learned Labour Court while decided Issues Nos.l to 3 in favour of appellants dismiss grievance petition with the following observations in view of Issues Nos.4 and 5:--- "in view of the foregoing discussion, the position emerges that neither the respondent had terminated the services of the applicants malafidely or due to any alleged union activities (which is also not proven by the applicants) neither the said termination was in violation of the provisions of the Standing Order Ordinance, nor amounts to unfair Labour practice rather it was a uniform scheme introduce by the respondent bank on the basis of which abolition of cadre of non-clerical staff throughout country was carried out and result of which 2300 employees were terminated from services. Also the respondent bank being employer was empowered to proceed under sections 11 and 12 of the Standing Order Ordinance, 1968, it is also noted that a large number of terminated persons had accepted the said scheme and under which they had got valuable amount; thus in view of the forgoing it is concluded that since the termination of the applicants were not made out by the respondent bank in volition of any right of the applicants mention in any law, award or settlement, hence the under reference grievance application under section 46 of the IRO 2002 is not maintainable. Consequently it is held that the applicants are not entitled for the relief claimed for. Thus this issue is resolved in negative"
6. One Imtiaz Ali and Sabat Khan retrenched employees of Habib Bank pertain to retrenchment of 2343 employees moved an application before honorable Chief Justice of Pakistan which was converted in to human rights case. And ultimately the following order was passed:--- "Full-fledged arguments were addressed' by the learned counsel for the bank as well as the learned amicus curiae. At the conclusion of the arguments, upon our intervention, the representatives of the retrenched employees and the Management of the Bank, with the assistance of the learned counsel for the Bank and the amicus curiae, entered into negotiation for some settlement. The Bank eventually agreed to pay an additional 'sum of Rs,820.050 million as ex- gratia payment to the 2343 employees retrenched under the Bank's order dated 10-3-2006 at the rate of Rs,350,000 per retrenched employee. The representatives of the retrenched employees left it to us to determine the reasonableness of the additional compensation, which in our view was fair in the circumstances. The offer made by the Bank in writing, copy of which is placed on file is, therefore, duly accepted and the retrenched employees numbering 2343 shall be paid the additional ex-gratia payment in accordance with the terms of the offer.
7. Another Constitutional petition moved by Noor-U-Amin, Munwar Ali etc. And Malik Ashraf etc. Against respondent Bank which was decided by honorable Supreme Court of Pakistan by means of order dated 24-4-2011 wherein held:--- "Be that as it may, the application by Imtiaz Ali and Sabit Khan to the honorable Chief Justice resulting in the order dated 12-1-2010 was filed on behalf of all the 2343 employees and it was on account of it being grievance of a class that it was treated as a human right case. As the human right case was treated as grievance of all the retrenched employees and the appellants being not unaware of the proceedings in the mater or bound by the order of this Court of 12-2-2010. The said order was passed upon the written application submitted on behalf of the respondent (Bank) duly signed by the Bank's representative and their learned counsel, Mr. S.M. Zafar and expressly stating that "this shall not be treated as precedent and there shall be no further or existing claim/litigation against the bank." Human Right Case No,710 of 2009 was considered and disposed of under Article 184 (3) of the Constitution. The appellants have now filed petitions under the same provisions of law. On this score too the appellants' petitions are not maintainable as their remedy already stands exhausted. Furthermore, in the guise of the constitutional petition for enforcement of the fundamental rights, the appellants are seeking review of the order dated 12-1-2010. There is no question of fundamental rights involved. In addition to the above, the registrar of this Court has rightly claimed the appellants' constitutional petitions on the grounds that it relates to the appellants Individual grievance. The order of this Court in C.M.A. No,31 of 2007, relied upon by the learned counsel for the appellants , perhaps, did not have the same history as the present case.
The appeals are dismissed."
' The learned counsel for appellant strongly agitated that the appellant was not a party before honorable Supreme Court of Pakistan. This objection has also been resolved in aforesaid quoted judgment.
8. In view of above mentioned decision of honorable Supreme Court of Pakistan the matter of retrenched employees of respondent Bank numbering 2340 has finally been resolved. Therefore no cause of action of the appellant is sustainable in any forum. It will be worthwhile to mention here the counsel of respondent Bank brought two cheques with acknowledgement for appellant who refused to receive and acknowledge the same.
9. Therefore there is no force in appeal which is accordingly dismissed with order as to no cost.
10. The copy of order along with original record of trial court be sent to trial court. Case after completion be consigned to record.