2000 PLP (C (PLC(CS))

8. We have very carefully gone through the pleadings of the parties, given patient hearing and our anxious consideration to the arguments of learned counsel for the parties and perused all the relevant documents, law an studied the citations relied upon by the learned Advocates in their a arguments. In our view the appeals are well in time as the amended ones are filed after obtaining copy of order with the permission of the Bench of this Tribunal whereas originally they were filed well within time. Undisputedly the respondents (Corporation) is neither the statutory body nor the appellants are civil servants in terms of Civil Servants Act, 1973 prior to the insertion of section 2‑A in the Service Tribunals Act 1973. The appellants also cannot deny that they were employed by the respondents under quite very specific terms and conditions and conveyed to them through a written letter of appointment, dated 30th December 1977, relevant part thereof is reproduced hereunder:‑‑ This is to advise you that your contract with the Corporation will be terminated on 31st December, 1976 and that you will be subsequently absorbed in the permanent cadre of the Corporation with effect from 1 January, 1977 on the following terms and conditions:‑‑ XXXXXXX XXXXXXXXXXX XXXXXXX XXXXXXXXXX

6. Your services are liable to be terminated by giving one month's notice or one month's pay in lieu of notice on either side. XXXXXXX XXXXXXXX XXXXXXX XXXXXXXXXX Please sign and return the copy of this letter as mark of your acceptance."

9. The appellants also cannot deny that their services were terminated through a letter dated 30‑6‑1997 in writing containing the very specific reasons, which is also reproduced as under:‑‑ In the 73rd Meeting of the Board of Directors of NA FDEC held on 18th June, 1997, it has been decided to close down NEFDEC's Unit Offices based at Lahore and Karachi. By virtue of this decision, the services of all the employees of NAFDEC's Unit Offices have become surplus.

2. It has, therefore, been decided to terminate your services with effect from 31st July, 1997 (A.N) in accordance with the terms and conditions contained in the letter of your appointment. The intervening period shall be considered as notice period on our side as required under the NAFDEC's Rules."

10. It is very clear from the plain reading of the letter of appointment that the service of the appellants will be liable to be terminated by giving one month's notice or one month's pay in lieu of notice of either side, being one of the terms of appellants' appointment letter. The termination letter (impugned order) dated 30‑6‑1997 has provided one month's notice as contained in the appellants' letter of appointment because appellants' services are terminated w.e.f. 31‑7‑1997 by virtue of order dated 30‑6‑1997. The same (impugned order) contains very specific reasons and circumstances under which the impugned letter of termination of services of the appellants has been passed. Rule relating to termination etc. of employees of the respondents/Corporation is contained in para. 12.02 of Chapter XII under heading "Termination, Resignation and Dismissal" which is reproduced hereunder for proper appreciation:‑‑ "12.02 Services of confirmed employees can be terminated at any time by giving one month's notice or pay in lieu thereof." It is clear from the above that the respondents have its own manual of Rules and Regulations pertaining to the terms and conditions of its employees and the services of the appellants are terminated keeping in view the relevant provisions and terms and conditions of appointment of the service of the appellants. We observe on account of admitted facts and section 2‑A that the respondents is neither the statutory body nor the (appellants) were civil servants in terms of civil Servants Act, 1973 but they have become the civil servants by virtue of insertion of section 2‑A in the Service Tribunals Act for the very limited purposes of bringing their grievance to it with reference to the terms and conditions of their services with reference to the rules and regulations as provided for in their own organizational set up. The very enactment of section 2‑A of the Service Tribunals Act, 1973 is reproduced below:‑‑ "2‑A. Service under certain corporations etc. to be service of Pakistan.‑ Service under any authority, corporation, body or organization established by or under a Federal law or which is owned or controlled by the Federal Government or in which the Federal Government has a controlling share or interest is hereby declared to be service of Pakistan and every person holding a post under such authority, corporation or organization shall be deemed to be a civil servant for the purposes of this Act." As is clear on bare reading of the above enactment in section 2‑A that the employees of such‑like authority, corporation, body or organization shall be deemed to be civil servants for the purposes of this Act, including the organization like respondents being under the control of Federal Government administrative control have been deemed to become civil servants for the purposes of this Act, meaning thereby the appellants have been awarded the status of civil servants only for agitating their grievances before the Tribunal with reference to their terms and conditions available to them (appellants) of such‑like organization available in the Rules and Regulations of the Organization. The appellants cannot be dealt with reference to the provisions of Civil Servants Act, 1973 in ‑respect of terms and conditions of their service in presence of rules and regulations (Organizational Manual) ` governing the terms and conditions of service of employees of the Organization (respondents) applicable to the appellants from very beginning of their services and since their absorption in the permanent cadre of the corporation with effect from January, 1977 till the impugned order of their termination from service dated 30‑6‑1997.

11. The scope of the application of section 2‑A to the employees of such‑like organizations including respondents is very limited. While passing an order in Civil Petition No.1305‑K of 1997 and others, our esteemed Supreme Court has observed: "The employees of the various authorities, corporations ere mentioned in, section 2‑A have been declared in the service of Pakistan for limited purpose of providing remedy by way of appeal to them against an order of which they feel aggrieved." Thus, we are very much cleat in our minds being guided by the above observations of our esteemed Supreme Court in respect of the scope of the section 2‑A for the employees/appellants' becoming civil servants by virtue of insertion of section 2‑A in the Service Tribunals Act, 1973 w.e.f. 10‑6‑1997 to hold that the appellants ‑are subject to the rules and regulations/Organizational manual of the Organization concerned/respondents in respect of the terms and conditions of their services. With this legal position and the factual position respect of rules and regulations governing terms and conditions of appellants' service as discussed above we do not hesitate to be of the view that the impugned orders are quite legal, valid being passed keeping in view the Organizational Manual of the respondents in respect of terms and conditions of service of the appellants as contained therein (its Organizational Manual) and conveyed to them through letters of appointment and termination letters. We observe that the respondents in the appointment letters have given specific reason for the termination of services of the appellants.

12. It is not disputed by the appellants that the Board of Directors of the respondents had decided to close down the Import and Distribution of two Units of NAFDEC at Lahore and Karachi, and thus, the entire staff of the two Units had become surplus with reference to the two Units of Import and Distribution at Lahore and Karachi by virtue of decision taken by the Board of Directors due to changed import Policy of the Government regarding the Films. In such a state of affairs of the respondents in presence of the decision of the Board of Directors and the appellants' becoming surplus, respondents had no alternate but to resort to the terms and conditions of the appellants. Therefore, the services of the appellants have been terminated in terms of appointment letters due to close of Import and Distribution Units of NAFDEC at Karachi and Lahore

13. We are not convinced with the arguments of learned counsel of the respondents on the point of limitation. We do not find any merit in the arguments of learned counsel for the appellants that the impugned order is illegal and void and not sustainable. The citations relied upon in support of his contentions referred to above by learned counsel for the appellants are of no use in the circumstances of the case discussed above.

14. For the above reasons on facts and law we uphold the impugned orders being free from any illegality. We, accordingly, .dismiss all the appeals with no order as to costs.

15. Parties be informed accordingly