2006 PLP (C (PLC(CS))

In all the above titled four appeals, the actions of the Institute of Business Administation (Commonly known as I.B.A.) have been challenged.

2. M/s Shahid Jamil, learned counsel on behalf of O.B.A. has challenged the very jurisdiction of this Tribunal to entertain, hear and decide these appeals.

3. It has been argued that Respondent I.B.A. is an educational institution not carrying on work in connection with the affairs of the Province and that I,B.A. was established and setup only for the purpose to confer degrees. Besides, the Provincial Government does not own or control any share of the respondents or the I.B.A., hence appellants cannot be deemed to be Civil Servants under section 2(a) of the Sindh Service Tribunals Act, 1973. In support of this contention, learned counsel has given the historical background/Establishment of' I.B.A.

4. In reply, learned counsel appearing on behalf of the appellants categorically stated that I.B.A. was setup and established by the Provincial Government. It has further been pleaded that I.B.A. is subsidiary of the Karachi University and its control, management and administration is being looked by the Karachi University as well as by the Provincial Government. Therefore, the employees of the I.B.A. are civil Servants for the purpose of filing appeals before this Tribunal.

5. We have considered the above submission and have gone through the material placed on record. In view of insertion of sections 2(aa) and 3-E in the Sindh Service Tribunals Act, 1973, the employees of Corporation were declared civil servants for the purpose of said Act. Section 2(aa) inserted by Sindh Act No.XXXI of 1994 dated 16-1-1995, reads as under: "2(aa) "Corporation means a Corporation or Institution setup or established by 'a Provincial enactment" Section 3-E, reads as under; "3-E. Notwithstanding, anything contained in any law, service of Corporation is hereby declared to be the service of the province and every person holding a post in the Corporation, not being a person who is on deputation to the Corporation shall, for the purposes of this Act be deemed to be a civil servant." Likewise section 2-A of the Service Tribunals Act, 1973, is also reproduced hereunder for ready reference: "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, body or organization shall be deemed to be a civil servant for the purposes of this Act."

6. There is no denial of the fact that Institute of Business Administration was reconstituted and reorganized under Act XX of 1994 by the Provincial Government to confer on it the power to award degrees. It was initially established by the University of Karachi under section 28(1)(g) of the University of Karachi Act, 1972. However, it is still a subsidiary to the ,Karachi University. Mere fact that the institution has been setup under the provincial enactment does not mean that its employees are 'Civil Servants' for the purpose of filing appeals before this Tribunal, for the simple reason that several private Universities i.e. lqra University, Baqai Medical University, Agha Khan Medical University, etc., were also setup under the Provincial enactments. However, apart from the fact that I.B.A. was established by Provincial enactment, this, Institute is being controlled by the Provincial Government and its overall administration also lay with the Provincial Government. The patron and the Controlling Authority of the Institute as per section 7 of the Act is Governor of Sindh. Its Director and Director of Finance shall be appointed by the Patron who shall hold office during the pleasure of the patron. The terms and conditions of their appointment shall also be administered by the Patron. The institute shall have a fund to which shall be credited all grants made by any Government etc., and its accounts shall be audited once a year by an auditor appointed by the Auditor-General of Pakistan. For all practical purposes, the I.B.A. and its officers/officials are looked after, administered and controlled by the Government.

7. A glance at the Act XX of 1994 expressly reflects the control, management and administration over the affairs of the Institute of Business Administration by the Provincial Government.

8. We are, therefore, of the firm view that the employees of the Institute of Business Administration (I.B.A.) shall be deemed to be Civil Servants for the purpose of the Sindh Service Tribunals Act, 1973. Thus the matters relating to the terms and conditions of their service are to be decided by this Tribunal under the provisions of the Act supra. This Tribunal has, therefore, jurisdiction to entertain, hear and decide the appeals above titled.

9. Announced in open Court this 10th July, 2004. All these appeals adjourned to 5-8-2004 for further proceedings. H.B.T./44/KST Order accordingly.