2000 PLP 613 (PLC)

3. The learned Presiding Officer, after hearing the arguments of learned counsel for the parties, dismissed the case by his order, dated 1‑10‑1998, against which this appeal has been filed.

4. I have heard the learned counsel for the parties.

5. Mr. Ashraf Rizvi, learned counsel for the appellant submits that it is not a case of termination of the appellant, asking for reinstatement, but it is a case of seeking promotion as two employees, juniors to the appellant, have been promoted, ignoring the appellant's seniority. He has placed his reliance on a number of authorities, listed below:‑‑ (1) 1998 PLC (C.S.) 1121. (2) 1975 PLC 361 (3) 1975 PLC 1. (4) 1988 SCMR 765. (5) 1998 SCMR 2109. He further submits that the appellant is and continues to be an employee of the respondent namely Overseas Pakistanis Foundation.

6. On the other hand Mr. Latif Saghar, learned counsel for the respondent, at the very outset, referred to para. 2 of the order, impugned in this appeal which, for the sake of convenience, is reproduced as under:‑‑ "The respondents took legal objections that the respondents organisation is a welfare organization and it is neither commercial nor industrial requiring the application of Standing Orders Ordinance, 1968 and I.R.O., 1969. That it is governed by a Board of Governors and the Board of Governors are appointed by the Federal. Government, and, therefore, in view of section 2(A) of Service Tribunals Act, the application stands abated." He further submits that the Overseas Pakistanis Foundation, having its Head Office at Islamabad, is an organization, established by and under a Federal law namely The Emigration Ordinance, 1979 and Rules made there under, which is owned and controlled by the Federal Government. As such, the application (filed on 16‑6‑1997) as well as this appeal is hit by section 2A of the Service Tribunals Act, promulgated on 10‑6‑1997. It is further submitted by him that the respondent‑Foundation is controlled by the Federal Government through a Board of Governors, appointed by the Federal Government. He has produced Articles of Association of the respondent's Foundation. Reference has also been made to Article 9 of the said Articles, providing that. "All the Governors shall be appointed by the Federal Government". He also submitted the Emigration Rules, made by the Government of Pakistan under section 16 of the Emigration Act. Clause (gg) of section 2 thereof provides that," Overseas Workers Foundation" means the Foundation set up by the Federal Government to be managed by a Board of Governors with the Minister in charge of the affairs of the emigrants. and such other members as the Government may from time to time nominate". He, therefore, submitted that by virtue of section 2A, referred to above, the Labour Courts and so the Tribunal has no jurisdiction to entertain an application or appeal, filed by the employee of the Foundation. Reliance has been placed by him on the following judgments:‑‑ (1) 1998 PLC (C.S.) 627: (2)1998 PLC (C.S.) 1078. (3) 1998 PLC (C.S.) 1359. (4) Unreported case in Civil Appeal No. 1513 of 1998 by Hon'ble Supreme Court. (5) Unreported case in Civil Appeals Nos.22, 33, 34, 58 by 1997 of Hon'ble Supreme Court. (6) 1999 SCMR 819. (7) Unreported case in Civil Petition No.3202 of 1993 of the High Court of Sindh.

7. The case‑law, submitted by the learned counsel for the appellant is distinguishable on facts and law because they pertain to a period before making the amendment in the Service Tribunals Act and also in the Sindh Service Tribunals (Amendment) Act, 1994 (Act No. XXXI of 1994).

8. In view of the above discussion, the appeal is dismissed for want of jurisdiction. Announced in open Court, this the 13th day of August, 1999. H.B.T./323/K (Lab. Trib) Appeal dismissed.