1999 PLP 2279 (SCMR)
MUHAMMAD IRSHAD — Appellant Versus PAKISTAN STEEL MILLS, KARACHI through Chairman — Respondent
| Citation | 1999 PLP 2279 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian, C.J., Munawar Ahmed Miraz and Ch. Muhammad Arif, JJ |
| Parties | MUHAMMAD IRSHAD — Appellant Versus PAKISTAN STEEL MILLS, KARACHI through Chairman — Respondent |
| Primary Law | Service Tribunals Act (LXX of 1913) |
Q1: What are the key laws and sections cited in 1999 PLP 2279 (SCMR)?
This judgment primarily cites: Service Tribunals Act (LXX of 1913) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 2279 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian, C.J., Munawar Ahmed Miraz and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 2279 (SCMR) (MUHAMMAD IRSHAD — Appellant Versus PAKISTAN STEEL MILLS, KARACHI through Chairman — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 29th October, 1998
Headnotes / Summary
(On appeal from the judgment, dated 30-10-1997 of the Federal Service Tribunal, Islamabad in Appeal No.681-K of 1997).
S. 2-A [as incorporated by Service Tribunals (Amendment) Act (XVII of 1997)] & S.4
Appeal before Service Tribunal
Service Tribunal had dismissed appeal on ground that S. 2-A of Service Tribunals Act, 1973 was not retrospective in effect
Order of Service Tribunal could not sustain being not in consonance with judgment of Supreme Court in Ghulam Mustafa Khairati v. Federation of Pakistan 1998 SCMR 1603
Order passed by Service Tribunal was set aside and case was remanded to be decided afresh on merits after notice to parties. Muhammad Afzal v. Karachi Electric Supply Corporation through Managing Director, Karachi, Civil Appeal No. 1513 of 1998 and Ghulam Mustafa Khairati v. Federation of Pakistan and another 1998 SCMR 1603 ref. Appellant in person.
Judgment & Decree
AJMAL MIAN, C.J.
This is an appeal against the order dated 30-10-1997 passed by the learned Federal Service Tribunal (hereinafter referred to as the Tribunal) in Appeal No.681 (K) of 1997 filed by the appellant, declining the same in limine on the ground that newly incorporated section 2-A in - the Service Tribunals Act, 1973 by Act No.XVII of 1997, was not retrospective. Leave to appeal was granted to consider as to whether the view found favour with the Tribunal is in consonance with the judgment of this Court rendered in Civil Appeal No. 1513 of 1998 (Muhammad Afzal v. Karachi Electric Supply Corporation through its Managing Director, Karachi). We have heard the appellant who is present in person. None is preset for the respondent. In view of the judgment of this Court in the case of Muhammad Afzal v. KESC, Karachi (Civil Appeal No. 1513 of 1998), which was followed inter alia in the case of Ghulam Muhstafa Khairati v. Federation of Pakistan and another (1998 SCMR 1603), the impugned order of the Tribunal cannot be P sustained. The appeal is, therefore, allowed, the impugned order set aside and the case remanded to the Tribunal with the direction to hear the appeal afresh after notice to the parties and decide the same on merits within a period of six months. H.B.T./M-250/S Appeal allowed.