1999 PLP 2670 (SCMR)
MUHAMMAD YOUNUS and others — Petitioners Versus FEDERAL SERVICE TRIBUNAL and others — Respondents
| Citation | 1999 PLP 2670 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian, CJ. and Mamoon Kazi, J |
| Parties | MUHAMMAD YOUNUS and others — Petitioners Versus FEDERAL SERVICE TRIBUNAL and others — Respondents |
Q1: What are the key laws and sections cited in 1999 PLP 2670 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 2670 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian, CJ. and Mamoon Kazi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 2670 (SCMR) (MUHAMMAD YOUNUS and others — Petitioners Versus FEDERAL SERVICE TRIBUNAL and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M.S. Ghaury, Advocate-on-Record for Respondent No.2 (in C.P. No.2-K of 1998).
- M.S. Ghaury, Advocate-on-Record .for Respondent No.l (in C.P. No.5-K of 1998).
- M.S. Ghaury, Advocate-on-Record for Respondent No.l (in C.P. N6.6-K of 1998).
- Miss Wajahat Niaz, Advocate-on-Record for Petitioner (in C.P. No. 14-K of 1998).
- A.A. Siddiqui, Advocate-on-Record for Petitioner (in C.P. No. 28-K of 1998).
- M.A.I. Qarni, Advocate-on-Record for Petitioner (in C.P. No. 40-K of 1998).
- Date of hearing: 10th February, 1998.
- 2. Mr. Obaidur Rehman, learned Advocate Supreme Court has appeared on behalf of the petitioners in C.P.L.As. Nos. 11-K and 12-K of 1998, Mr. Mahmood Alam, who was granted special permission to appear, has appeared in C.P. Nos 2-K, 5-K and 6-K of 1998, and Miss Wajahat Niaz has appeared for the petitioner in C.P.L.A. No. 14-K of 1998; whereas the other petitioners have appeared in person.
Headnotes / Summary
(On appeal from the judgment dated 22-10-1997 of the Federal Service Tribunal, Camp at Karachi, passed in Appeal No.319(K) of 1997 and other connected appeals). Service Tribunals Act (LXX of 1973)
.
S.2-A
Constitution of Pakistan (1973), Art. 212(3)
Leave to appeal was granted by Supreme Court to consider as to whether Service Tribunal was justified in declining to entertain appeals on the ground that S.2-A, Service, Tribunals Act, 1973 was not applicable to the case of petitioner for the reason that the alleged causes of action accrued prior to 10-6-1997, the date of coming into force of S.2-A of the Act. Petitioner in person (in C. P. No. 2-K of 1998). Petitioner in person (in C.P. No. 5-K of 1998). Petitioner in person (in C.P. No. 6-K of 1998). Petitioner in person (in C. Ps. Nos. 9-K, 11-K, 12-K, 15-K, 21-K, 23-K and 24-K of 1998).
Judgment & Decree
AJMAL MIAN, C.J.
By this common order, we intend to dispose of the above petitions which have been filed by the employees of P.I.A., Pakistan Steel Mills, K.E.S.C., Pakistan National Shipping Corporation and Karachi Nuclear Power Project (KANUPP) against the judgments of the Federal Service Tribunal, hereinafter referred to as the Tribunal, declining to entertain petitioners' appeals on the ground that the newly added section 2-A to the Service Tribunals Act, 1973, by Service Tribunals (Amendment) Act, 1997 (Act XVII of 1997), whereby the service under any authority, corporation, body or organization established by or under a Federal law on which is owned or controlled by the Federal Government or in which the Federal Government has a controlling share or interest, has been declared to be the service of Pakistan and every person holding the post under such authority, corporation, body or organization shall be deemed to be a civil servant for the purpose of the Service Tribunals Act, was not applicable to the petitioners as the causes of action accrued to them prior to 10-6-1997, when the above provision was incorporated. The petitioners have, therefore, filed the present petitions for leave to appeal.
2. Mr. Obaidur Rehman, learned Advocate Supreme Court has appeared on behalf of the petitioners in C.P.L.As. Nos. 11-K and 12-K of 1998, Mr. Mahmood Alam, who was granted special permission to appear, has appeared in C.P. Nos 2-K, 5-K and 6-K of 1998, and Miss Wajahat Niaz has appeared for the petitioner in C.P.L.A. No. 14-K of 1998; whereas the other petitioners have appeared in person.
3. It may be observed that the petitioner in C.P.L.A. No. 14-K of 1998, instead of approaching this Court against the judgment dated 27-10-1997 of the Tribunal, has first filed a Constitution Petition in the High Court of Sindh, which has been dismissed by an order dated 18-12-1997. After that he has filed the above petition for leave to appeal. If the said petition is to be treated as a petition for leave against the judgment of the Tribunal, the same would be barred by time. We are, therefore, granting leave in the above petition subject to limitation.
4. We are also inclined to grant leave in the other petitions to consider, as to whether the Tribunal was justified in declining to entertain the petitioners' aforesaid appeals on the ground that section 2-A of the Service Tribunals Act, 1973, was not applicable to the petitioners for the reason that the alleged causes of action accrued prior to 10-6-1997. Leave is, accordingly, granted. The appeals arising out of the above petitions may be listed for hearing at an early date. M.B.A./M-364/S Leave granted.