2009 PLP (C (PLC(CS))

UMAR ATA BANDIAL, J.

This appeal is filed against the judgment of the learned Single Bench, dated 5-10-2007 that directs the appellant corporation to reinstate the respondent into its service. The laid direction interprets the rule expressed by the Honourable Supreme Court in Mubeen-us-Salam v. Federation of Pakistan PLD 2006 SC 602 to the effect that the appeal filed in the Honourable Supreme Court by the appellant corporation against the judgment of the learned Federal Service Tribunal ("FST") dated 7-6-2004 had abated. Therefore, the said judgment of the FST reinstating the respondent had attained finality and was liable to be implemented.

2. Learned counsel for the appellant contends that in the Mubeen- us-Salam's case the Honourable Supreme Court also nullified down the judgments of the learned FST that were passed in appeals filed by employees of autonomous bodies not having statutory rules or regulations of service. The present case is such an instance and, therefore, the impugned judgment of the learned single Judge has committed an error by treating judgment of the learned FST in the respondent's appeal to have attained finality. To substantiate his point, he placed reliance on Muhammad Idrees v. Agricultural Development Bank of Pakistan and others PLD 2007 SC

681. In that case a Full Bench of the Honourable Supreme Court, whilst interpreting the judgment in Mubeen-us-S'lam's case has, held that the learned FST has no jurisdiction to decide a case wherein employees' services in an autonomous body are governed by non-statutory regulations; consequently a judgment given by the FST in such a matter is void and without legal effect. The Honourable Supreme Court explained the Mubeen-us-Salam judgment to exemplify this view:

"The conclusion, inter alia, of this Court was that section 2-A was ultra vires of Articles 240 and 260 of the Constitution and unless services of an employee were governed by statutory rules he had no right to invoke jurisdiction of the learned Federal Service Tribunal. To concede to the prayer that judgments rendered by the learned Service Tribunal (implemented or not) should be maintained will be totally destructive of the law declared in the said judgment. If abatement is applied only to the petitions or appeals of the employers pending before this Court, it will amount to validating the judgments/orders of the Federal Service Tribunal without even examining them. In fact, while directing abatement in para. 109 of the judgment in Mubeen-us-Salam this Court was absolutely clear that the proceedings initiated before the learned Federal Service Tribunal from the very inception stood abated."

3. Although the ultimate direction given by the learned Single Bench is not consistent with the view expressed by the learned apex Court in Muhammad Idrees' case (supra) we find that the respondent has himself approached the Labour Court for redress of his grievance on merits. We would, therefore, refrain from dilating on the subject any further except by observing that the learned Labour Court would proceed in the matter strictly in accordance with law uninfluenced by any observation or view expressed in the impugned judgment and shall expeditiously decide the respondents' petition pending before itself.

4. Disposed of. M.B.A./M-298/L Order accordingly.