1999 PLP 2668 (SCMR)

SH. RIAZ AHMED, J.

The petitioner seeks leave to appeal against the judgment and order dated 31-7-1998 delivered by the Federal Service Tribunal whereby an appeal preferred by the petitioner calling in question his dismissal from service was dismissed.

2. The petitioner was employed as an Assistant Store Keeper in the Stores Department of the respondent Corporation. On 11-11-1984 he sent a complaint to the General Manager with copy to the higher officer alleging therein that a relative of an influential employee had supplied substandard goods to the Corporation. On receipt of this complaint, investigation was carried out and it was found that the complaint sent by the petitioner was baseless, unfounded and malicious. The authorities considered that the act of the petitioner amounted to misconduct, and thus, he was served with a show-cause notice dated 25-11-1984. He submitted a reply, which was found unsatisfactory and an inquiry was conducted into the charge levelled against him. As a result of the inquiry, the charge against the petitioner stood proved. A second show-cause notice was issued on 29-12-1984. On 31-12-1984, the petitioner was dismissed from service. The petitioner assailed his dismissal by way of filing a petition under section 25-A of the Industrial Relations Ordinance, 1969 before the Labour Court, Peshawar. This application was resisted and the same was dismissed on 15-9-1985. The said order was challenged through an appeal before the Labour Appellate Tribunal, N.-W.F.P., Peshawar, which was accepted on 27-11-1985 and the case was remanded to the Labour Court for disposal on merits. During the post remand proceedings, the Labour Court came to the conclusion that application of the petitioner under section 25-A of the I.R.O. was incompetent and thus the same was dismissed. The petitioner again filed an appeal, which was dismissed by the Chairman, Labour Appellate Tribunal on 26-2-1992. The said order was challenged by the petitioner through a Constitution Petition and the Peshawar High Court vide its order set aside the order dated 7-10-1991 passed by the Presiding Officer, Labour Court as well as the order dated 26-2-1992 passed by the Chairman, Labour Appellate Tribunal, N.-W.F.P., Peshawar and remanded the case for fresh decision. In the post remand proceedings, on 15-5-1997, the petitioner's statement was recorded when section 2-A was inserted into the Service Tribunals Act, 1974, which came into force on 10-6-1997. On account of this amendment, an application was moved by the respondent before the Labour Court stating that the petitioner had been declared a civil servant and, thus, the Labour Court had no jurisdiction, and therefore, the petition filed by the petitioner be dismissed. This application was contested and it was averred that the petitioner was a workman and could seek redress of his grievance from the Labour Court. On 2-5-1998, the Presiding Officer, Labour Court, accepted the application of the respondent and came to the conclusion that the proceedings stood abated and the petitioner was directed to seek remedy from the appropriate forum.

3. In these circumstances, the petitioner filed an appeal and alongwith the j appeal he also filed application seeking condonation of delay. The appeal was' dismissed by the Service Tribunal being incompetent and being barred by time. The judgment delivered by the Tribunal on the question of interpretation of the amendment in the Service Tribunals Act and the question of limitation as dealt with require consideration. Accordingly, we grant leave to appeal. M.B.A./F-60/S ?????????????????????????????????????????????????????????????????????? ??????????? Leave granted.