1987 PLP 7 (SCMR)

ASLAM RIAZ HUSSAIN, J.‑‑This petition is directed against the judgment of the Punjab Services Tribunal, dated 14‑10‑1982, dismissing the appeal against the respondent filed by the Government of Punjab.

2. Facts leading to this petition are, briefly, that the respondent who is a Member of the Local Council Service under the Local Government Ordinance, 1979, filed a suit on 3‑1‑1973 for declaration and consequential relief in the Court of the Senior Civil Judge, Gujrat, relating to the terms and conditions of service. The suit was decreed in plaintiff's favour on 18‑3‑1973. The defendant (petitioner before us) filed an appeal before the District Judge on 29‑7‑1975. Soon thereafter, on 3‑8‑1978, an amendment was made in the Local Government Ordinance, 1979, whereby Members of the Local Council Service be regarded as civil servants within the meaning of the Punjab Civil Servants Act, 1974. Thereafter, on 1‑11‑1978, the petitioner/ Government filed an appeal before the Punjab Services Tribunal. After six days on 7‑11‑1978 the Additional District Judge dismissed the earlier appeal filed by the Government before the District Judge. Then the Government filed a civil revision before the High Court which too was dismissed vide judgment, dated 8‑12‑1981.

3. As already mentioned the Government of Punjab had also filed an appeal under section 8 of the Punjab Service Tribunal Act (IX of 1974). This appeal was dismissed by the Punjab Services Tribunal vide the impugned judgment, dated 14‑10‑1982. It is against this judgment that the Government of the Punjab has filed the present petition for leave to appeal.

4. We have gone through the impugned judgment and heard the learned counsel for the petitioner. He pointed out that the Punjab Services Tribunal had dismissed the Government's appeal on the ground that it was not competent because the judgment of the learned Senior Civil Judge, dated 18‑3‑1975, decreeing the respondent's suit had become final. The counsel referred to section 8 which reads as follows:‑ "Section

8. Abatement of suits and other proceedings‑‑‑All suits, appeals and applications regarding any matter within the jurisdiction of a Tribunal pending in any Court immediately before the establishment of the appropriate Tribunal shall abate on the establishment of such Tribunal: Provided that any party to such a suit, appeal or application may within ninety days of establishment of the appropriate Tribunal prefer an appeal to it in respect of any such matter which is in issue in such suit, appeal or application." Note: This section is identical with section 6 of the Service Tribunals Act, 1973.

5. He submitted that the appeal was filed by the petitioner Government before the learned Additional District Judge against the judgment of the Civil Judge. As such the said judgment of the Senior Civil Judge cannot be said to become final. In any case in view of the proviso to section 8 reproduced above the appeal before the District Judge abated and the petitioner was therefore, entitled to file an appeal before the Punjab Service Tribunal within ninety days of the establishment of the appropriate Tribunal. The learned counsel urged that since the respondent became a civil servant only on 3‑8‑1978 as a result of the amendment in the Local Government Ordinance, 1979. It is then that the Service Tribunal which was already in existence for other civil servants came into existence as far as the employees of the Local Government were concerned and~, an appeal by or against can be filed before the Service Tribunal within' the period specified in the proviso to section 8 of the aforesaid Act. The counsel for the petitioner submits further that the Government had filed an appeal before the Services Tribunal had erred in holding that the appeal filed by the petitioner‑Government before the Service Tribunal was not competent in law. 5.The question requires consideration. Leave is, therefore, granted for the said purpose. M.I. Leave granted.