2009 PLP 21 (PLC)

MAZHAR HUSSAIN MINHAS, J.

This judgment shall dispose of Labour Appeals Nos.150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165 and 166 of 2008.

2. The appellants have filed these appeals against the consolidated judgment, dated 19-4-2008 passed by learned Presiding Officer, Punjab Labour Court No.9, Multan, whereby the private respondents have been reinstated in service with back-benefits. Since common questions of facts and law are involved in all the appeals, therefore, the same are being disposed of by this single judgment.

3. The private respondents, employed in Utility Stores Corporation of Pakistan in different capacities, were retrenched vide Order No.1000-ESTT/R, dated 25-11-2000 in view of financial crisis being faced by the Corporation and all the service benefits, admissible under the rules, were paid to them. However, in year 2005 they filed their appeals under section 4 read with section 2-A of the Service Tribunals Act, 1973 before the Federal Service Tribunal, Islamabad, challenging their retrenchment. The appeals were still pending when the Honourable Supreme Court of Pakistan in case titled as Muhammad Mubeen-ul-Islam v. Federation of Pakistan PLD 2006 SC 602, declared section 2-A of the Service Tribunals Act, 1973 to be illegal and the parties affected by this judgment were allowed ninety days to approach the appropriate forum for redressal of their grievance in accordance with the law. In pursuance of the above judgment, the appellants filed grievance petitions under section 46 of the I.R.O. 2002 before the Punjab Labour Court, Multan. Present appellants contested the petitions on legal as well as factual grounds. However, the same were allowed by the learned Presiding Officer, Punjab Labour Court, vide impugned judgment and private respondents were reinstated with all back-benefits. Hence, the appellants have come up in appeal.

4. Arguments of learned counsel for the parties heard and record perused. At the very outset learned counsel for the appellants has taken exception to the notice issued by Registrar, Federal Service Tribunal intimating the private respondents that their appeals have abated in view of the judgment of the Honourable Supreme Court of Pakistan referred (supra). Learned counsel has submitted that in case titled Raja Riaz v. Chairman Pakistan Space and Upper Atmosphere Research Commission, Karachi reported as 2008 SCMR 402, it has been held by the Honourable Supreme Court that Registrar Federal Service Tribunal was not competent to dispose of the appeals as having abated, and the order of abatement should have been passed by the learned Tribunal itself. In 2008 SCMR 402, it has been observed that in every appeal separate order is required to be passed by the Service Tribunal after providing opportunity to the parties keeping in view the observations made by the Honourable Supreme Court in Mubeen-ul-Islam's case and notice of information that appeals have abated, issued by Registrar, cannot be considered a judicial order. Responding to the above legal proposition, learned counsel for private respondents has submitted that the above judgment is not applicable in these appeals being a judgment in personam and also having no retrospective effect. I am unable to agree with the argument of learned counsel. In the aforecited judgment, a general principle has been laid down that the Registrar, Federal Service Tribunal, is not competent to declare that in the light of Mubeen-ul-Islam's case appeals have abated, and his order is administrative in nature and is not a judicial order. This principle is applicable to all the cases, which fall within the purview of Mubeen-ul-Islam's case and its applicability cannot be restricted only to the cases in which parties approach the Honourable Supreme Court to seek declaration in their favour.

5. Since the order of abatement of respondents appeals passed by Registrar, Federal Service Tribunal, has no legal sanctity, therefore, the impugned judgment passed by learned Presiding Officer, Punjab Labour Court No.9, Multan, is also not maintainable, hence the same is set aside. Order dated 19-8-2006 passed by the Registrar is also declared null and void. The appeals of private respondents shall be deemed to be pending before the learned Federal Service Tribunal and issue of their abatement shall be decided by the Tribunal after hearing the parties, in the light of principles .laid down in the aforesaid judgments of the Honorable Apex Court. The office shall remit the record to Federal Service Tribunal forthwith. Disposed of. H.B.T./G-49/L Order accordingly.