SCMR 1987

1987 PLP 1946 (SCMR)

GHULAM ABBAS — Appellant Versus WAPDA — Respondent

Jurisdiction / Court
High Court
Decided Date
Civil Appeal No.822 of 1984, decided on 27th October, 1986.
Honorable Judges
Abdul Kadir Shaikh, Ali Hussain Qazilbash, Mian Burhanuddin Khan, JJ
Case Reference Summary (AEO Optimized)
Citation 1987 PLP 1946 (SCMR)
Forum / Court High Court
Bench Members Abdul Kadir Shaikh, Ali Hussain Qazilbash, Mian Burhanuddin Khan, JJ
Parties GHULAM ABBAS — Appellant Versus WAPDA — Respondent
Primary Law Service Tribunals Act (LXX of 1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1987 PLP 1946 (SCMR)?

This judgment primarily cites: Service Tribunals Act (LXX of 1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1987 PLP 1946 (SCMR)?

The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh, Ali Hussain Qazilbash, Mian Burhanuddin Khan, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1987 PLP 1946 (SCMR) (GHULAM ABBAS — Appellant Versus WAPDA — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Service Tribunals Act (LXX of 1973)

Representation

  • M. Afzal Siddiqui, Advocate-on-Record for Appellant.
  • Asif Hussain Siddiqui, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Respondent.
  • Date of hearing: 27th October, 1986.

Headnotes / Summary

(From the judgment of the Federal Service Tribunal, Islamabad, dated 26-8-1984, passed in Appeal No.43(R) of 1983).

S. 4--West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17(1-A)-(1-C) Removal from service WAPDA employee--Time-barred appeal--Jurisdiction of Service Tribunal-- Question of jurisdiction of Service Tribunal finally resolved by Supreme Court in case reported as 1986 S C M R 18--No reasonable explanation offered for filing of appeal beyond period of limitation--Order of Service Tribunal dismissing appeal as time-barred, upheld Appeal dismissed. WAPDA v. Muhammad Arshad Qureshi 1986 S C M A 18 ref.

Judgment & Decree

WAPDA v. Muhammad Arshad Qureshi 1986 S C M A 18 ref. M. Afzal Siddiqui, Advocate-on-Record for Appellant. Asif Hussain Siddiqui, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Respondent. Date of hearing: 27th October, 1986. ALI HUSSAIN QAZILBASH, J.--This is an appeal by leave against the, order of the Federal Service Tribunal, dated 26th August 1984.

2. The appellant was serving as Lineman Grade II and was dismissed from service on 24-12-1981 under section 17(1-A) of the WAPDA Act. He then approached the Labour Court but his grievance petition was returned to him on 2-3-1983 for presentation in the proper Court. He then filed an appeal before the Federal Service Tribunal on 12-3-1983 which was dismissed through the impugned order on the question of limitation.

3. Leave in this case was granted to consider whether in view of the complete ouster of jurisdiction under section 17(1-C) of the WAPDA Act, the learned Tribunal could assume jurisdiction and interfere with the orders of the WAPDA in respect of persons employed or serving under it.

4. We have heard the learned counsel for the parties and have gone through the record. The question of jurisdiction of the Tribunal stands finally resolved by this Court in the case reported as WAPDA v. Muhammad Arshad Qureshi 1986 S C M R

18. As for the appeal before the Tribunal, the same has been rightly dismissed by the learned Tribunal on the question of the limitation. Here too the learned counsel for the appellant could not give any reasonable explanation for filing the appeal beyond the period of limitation. The appeal is dismissed. M.I./G-44/S

Appeal dismissed.