1977 PLP [C (PLC(CS))
N/A
| Citation | 1977 PLP [C (PLC(CS)) |
| Forum / Court | 1977 P L C C. S. T. 140 |
| Bench Members | Muhammad Daud Khan, Chairman, G. D. Memon and S. Barkat Ahmad, |
| Parties | N/A |
| Primary Law | Service Tribunals Act (LXX of 1973)‑ |
Q1: What are the key laws and sections cited in 1977 PLP [C (PLC(CS))?
This judgment primarily cites: Service Tribunals Act (LXX of 1973)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1977 PLP [C (PLC(CS))?
The case was heard and decided by the 1977 P L C C. S. T. 140 bench comprising: Muhammad Daud Khan, Chairman, G. D. Memon and S. Barkat Ahmad,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1977 PLP [C (PLC(CS)) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑ S. 6 read with Water and Power Development Authority (Amend ment) Ordinance (XV1 of 1975)‑Jurisdiction of Service Tribunal qua abated suits‑WAPDA employees declared as civil servants vide WAPDA (Amendment) Ordinance,, 1975‑Proceedings commencing in 1975 before civil Court in respect of WAPDA employee declared as abated in 1975‑Jurisdiction of Service Tribunal, held, under S. 6 of Service Tribunals Act, 1973 available only in matters pending before civil Court immediately before commencement of Act (26‑9‑1973) Proceedings commenced in 1975, held, not covered by S. 6, hence, abatement of such proceeding does not confer jurisdiction upon Service Tribunal.
Judgment & Decree
MUHAMMAD DAUD KHAN (CHAIRMAN).‑In his declaratory suit. Abdus Sattar, Assistant Accountant prayed for Pay Scale of Rs. 350‑‑25‑550‑30 700 with effect from 14‑10‑1971. The suit was instituted before the Civil Judge on 5‑6‑1975 and decreed on 31‑7‑1975. An appeal was lodged before the District Judge on 4‑10‑1975. The appeal there from abated on 20‑12‑1975 in consequence of an application on behalf of the appellant that WAPDA Act, 1958 having been amended by Ordinance No. XVI of 1975, WAPDA employees have become Civil Servants. The appeal could not proceed under Service Tribunals Act, 1973. The District Judge accepting this plea passed orders of abatement as mentioned above. Having obtained en order of abatement the appellant, WAPDA now seeks its remedy against judgment and decree of civil Courts from the Tribunal. His contention is that aforementioned amendment of the WAPDA Act, 1958 converting status of WAPDA employees gives jurisdiction to the Tribunal to sit in appeal over the order of Civil Judge. The argument is an effort to confer jurisdiction on the Tribunal in con sequence of the order of abatement passed by the District Judge on 20th December, 1975 without reference to the provisions of law applicable. The Service Tribunals Act, 1973 under its section 6 abates only those suits, appeals or application regarding matters within the jurisdiction of the Tribunal which were pending before any Court immediately before the commencement of the Act which was enforced on 26th September, 1973. As no suit or appeal was pending in 1973 and the proceedings before civil Court A commenced in the year 1975, section 6 of the Service Tribunals Act, 19'13 has no application. There is no other section of law, which entitles an employer to seek remedy from the Tribunal. Consequently when section 6 of the Service Tribunals Act, 1973 is not applicable, the Tribunal has no jurisdiction to offer the remedy or to entertain the appeal. It is, therefore, dismissed, in limine. Appeal dismissed,