2008 PLP (C (PLC(CS))

SYED HAMID ALI SHAH, J.

The petitioner an employee of Pakistan International Airlines Corporation, was performing her duties as Airhostess. Her contract was, statedly, not extended for the year 2005 and was relieved of her duties. The petitioner assailed her removal from service in appeal before the Federal Service Tribunal. Learned Service Tribunal through the impugned order, dated 5-7-2006 notified to the petitioner that her Appeal No.26(L)(C.E.) of 2005, in view of judgment in Mubeen-ul-Islam's case 1997 PLC (C.S.) 1316, has stood abated and the petitioner can resort to the competent forum for the redressal of her grievance within 90 days. The petitioner has assailed the order/notice issued by the Deputy Registrar of Federal Service Tribunal, learned Bench, Lahore.

2. Learned counsel has contended that the employees of Pakistan International Airlines Corporation, by virtue of Chief Executive Order 6 of 2001, have been declared to be in service of Pakistan and as such they are civil servants for the purposes of Service Tribunals Act, 1973. Learned counsel specifically referred to Article 4 of the Chief Executive Order 6 of 2001. Learned counsel went on to argue that the provisions of Order 6 of 2001 have been declared by a learned Division Bench of Sindh High Court, Karachi as valid legislated in the case of Airleague of PIA Employees Union and another v. Federation of Pakistan 2003 PLC (C.S.)

145. Learned counsel further referred to the case of Raja Riaz v. Chairman Pakistan Space and Upper Atmosphere Research Commission Karachi Civil Petition No.722 of 2007, whereby the apex Court has directed that a separate order is required to be passed in every case by the Service Tribunal, after providing opportunity to the parties, keeping in view the observations made by the Honourable Supreme Court. The Honourable Supreme Court has not appreciated, disposal of the appeals by a general order of the Chairman of the Federal Service Tribunal, directing the Registrar to inform the appellants.

3. Learned counsel for the respondents, on the other hand, has fully supported the impugned order, issued by the Deputy Registrar of Service Tribunal and has submitted that the Federal Service Tribunal has no jurisdiction to entertain the appeal of the petitioner sending the matter back to the Federal Service Tribunal, would result into multiplicity of proceedings and will be mere an exercise in futility.

4. Heard learned counsel for the parties and record perused.

5. Impugned notice of learned Service Tribunal, dated 5-7-2006, reflects that the appeal filed by the petitioner was declared by the Registrar of the Court as abated, while the Registrar had no authority to pass such order. It is within the domain and authority of the Service Tribunal to dispose such case by passing judicial order. The order passed by the Honourable Supreme Court of Pakistan in the case titled Raja Riaz v. Chairman Pakistan Space and Upper Atmosphere Research Commission, Karachi Civil Petition No.722 of 2007, is reproduced as under: "Learned counsel for the respondent, when confronted with the argument put forwarded by the petitioner's counsel, contended that as appeals have abated, therefore, Chairman had passed a general order directed the Registrar to inform the appellants accordingly. Therefore, his appeal has been disposed of accordingly. We are not inclined to agree with the submission of learned counsel for the respondent because separate order is required to be passed in every case by the Service Tribunal after providing opportunity to the parties keeping in view the observations made by this Court in the judgment relied upon." Case of the petitioner is similar to one, where the Honourable Court has passed the above direction.

6. For the foregoing this petition is allowed and the order of the Deputy Registrar of the Federal Service Tribunal, Lahore Bench, dated 5-7-2006, declaring the appeal of the petitioner as abated, is set aside being without any lawful authority and of no legal effect. The appeal of the petitioner is, thus, deemed to be pending before learned Tribunal. The Registrar will place it before an appropriate Bench for hearing and the Tribunal, which has the authority to pass appropriate order, will decide the issue of abatement, after hearing the parties in, the light of law enunciated by the apex Court in the case of Airleague of PIA Employees (supra). H.B.T./A-21/L Petition allowed.