1981 PLP (C (PLC(CS))

2. By consent of Advocates of the parties, the only point argued to be decided is whether the appeal has abated under section 6 of the Sind Service Tribunal's Act, 1973, which reads thus: "Abatement of suits and other proceedings.‑All suits, appeals or applica tions regarding any matter within the jurisdiction of a Tribunal pending in any Court immediately before the commencement of Law as may be enacted by the Parliament, extending clause (2) of Article 212 of the Constitution of the Islamic Republic of Pakistan to a Tribunal, shall abate, on the commencement of such law Provided that a party to such a suit, appeal or application may, within ninety days of the commencement of such law, prefer an appeal to the appropriate Tribunal in respect of any such matter which is issue in such suit, appeal or application." The Sind Service Tribunals Act, 1973, was promulgated on 5th December 1973. On the same day Sind Service Tribunal was constituted. By the Provincial Service Tribunals (Extension of the Provisions of the Constitution) Act, 1974, the provisions of clause (2) of Article 212 of the 1972, Constitution are extended to the Provincial Service Tribunals of the North‑West Frontier Province, the Punjab and Sind. Clause (2) of Article 212 of the Constitution, reads thus: ‑ "Notwithstanding anything hereinbefore contained, where any Adminis trative Court or Tribunal is established under clause (1), no other Court shall grant an injunction, make any order or entertain any pro ceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends and all proceedings in respect of any such matter which may be pending before such other Court immediately before the establishment of the Administrative Court or Tribunal other than an appeal pending before the Supreme Court shall abate on such establishment Provided that the provisions of this clause shall not apply to an Adminis trative Court or Tribunal established under an Act of a Provincial Assembly unless, at the request of that Assembly made in the form of a resolution, Parliament by law extends the provisions to such a Court or Tribunal." The result of extension of clause (2) ibid to the Provincial Service Tribunals is that all proceedings in respect of terms and conditions of service of Civil Servants pending before any other Court immediately before the establishment of the Administrative Court or Tribunal, shall abate on such establishment. It follows, therefore, that all suits, appeals or applications regarding any matter within the jurisdiction of a Tribunal pending in any Court of 6th May, 19.74, stand abated.

3. There is no dispute that the order which is challenged in this appeal and, further prayer to treat the period up to the date appellant had reached 60 years, as period spent on duty, come within the purview of terms and conditions of the appellant who was a civil servant. The Sind Service Tribunal, by virtue of the Sind Service Tribunals Act, 1973, has bad exclusive jurisdiction in respect of matters relating to terms and conditions of the service of civil servants. The present appeal deals with the matter within the exclusive jurisdiction of the Service Tribunal. Under section 6 of the Sind Ser. vice Tribunal Act, 1973, this appeal automatically abated, when provisions of clause (2) of Article 212 of the 1973 Constitution were extended to the Sind Service Tribunal on 6th May, 1974 the date on which the Provincial Service Tribunals (Extension of the Provisions of the Constitution) Act, 1974, was enacted.

4. Appellant's counsel referred to Proviso (c) of section 4 of the Sind Service Tribunals Act, 1973, and urged that appellant will have no remedy because he cannot move the Service Tribunal in respect of the order in question which is dated 28th October 1959, and, therefore, the appeal did not abate. Proviso (c) !bid, reads as under: ‑ "Subject to the provisions of section 6, no appeal shall lie to a tribunal against an order or decision of a departmental authority, made at any time before the 1st July, 1969." It follows that any order made by departmental authority before 1st July, 1969, is not amenable to the jurisdiction of the Service Tribunal. The order in question dated 28th October 1959, cannot be challenged before the Tribunal now. But by virtue of Proviso to section 6 of the Sind Service Tribunals Act, 1973, reproduced in para. 2, the appellant could have challenged the order before the Service Tribunal within 90 days from 6th May 1974. This chance, appellant did not avail of.

5. In the result, the appeal stands abated. Parties to bear their own costs. Appeal abated.