2009 PLP 288 (PLC)

HAFIZ TARIQ NASIM, J.

This labour appeal is filed against the judgment of the Punjab Labour Court contending that the respondent was proceeded under the Removal from Service (Special Powers) Ordinance and in view of the recent judgment passed by the Honourable Supreme Court of Pakistan remedy lies before the Federal Service Tribunal, where the respondent's appeal is admittedly .pending, so the impugned judgment being a departure of law cannot sustain in the field.

2. On the other hand, learned counsel for the respondent submits that of course the respondent was proceeded against under the provisions of R.S.O., he filed appeal before the Federal Service Tribunal, but due to the judgment of the Honourable Supreme Court of Pakistan in the case of Muhammad Mubeen-us-Salam and others v. Federation of Pakistan through Secretary, Ministry of Defence and others PLD 2006 SC 602, the Registrar of the FST issued a notice to the respondent intimating that his appeal has become abated, so in the light of the said notice, he had no other option except to rush to the Labour Court because in case of his failure he could become remediless. Further submits that practically the Labour Court attended all aspects of the matter in its true perspective and as such the interference by this Court shall not be justified.

3. Arguments heard. Record perused.

4. Without going into the merits and demerits of the case, suffice it to confine to the only point that whether the respondent who was proceeded under the R.S.O. could invoke the jurisdiction of Labour Court or not or whether in view of Raja Riaz v. Chairman, Pakistan Space and Upper Atmosphere Research Commission, Karachi 2008 SCMR 402, the notice issued by the Registrar of FST could be termed a judicial order or not?

5. Practically, the respondent's appeal before the Federal Service Tribunal was held to be abated through a notice issued by the Registrar, meaning thereby that the same is not decided through a judicial order despite the fact that the respondent approached the Punjab Labour Court but the fact remains that if an employee is proceeded under the provisions of R.S.O., the forum for the redressal of his grievance is Federal Service Tribunal.

6. As both the parties admit that the respondent's appeal is still pending before the Federal Service Tribunal, which is not decided on merits so far, hence it shall be appropriate to set aside the impugned judgment passed by the Punjab Labour Court on the point of jurisdiction and in view of the law laid down by the Honourable Supreme Court in a recent judgment dated 16-10-2008 in the case of Malik Taj Muhammad v. Secretary, Ministry of Interior and another Civil Appeal No.1555 of 2006, the respondent's appeal (S.A. No.507(L)(C.S.) of 2005 titled Arshad Mahmood Mir v. FESCO), shall be deemed to be pending and the Federal Service Tribunal shall decide the same on merits. This appeal is allowed accordingly.

7. Office is directed to send a copy of this order to the Federal Service Tribunal. H.B.T./F-38/L Case remande