Law: Civil Procedure Code (V of 1908)

Section: 9,O.VII,R.II

Law: Civil Procedure Code (V of 1908)

Section: 9,O.VII,R.II

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1408)--- ----S. 9 & O. VII, R. II---Constitution of Pakistan, Art. 185(3)---Suit by employee against employer Bank---Rejection of plaint by forums below on ground that defendant-Bank was a statutory body, and relationship between parties was that of Master and Servant, thus Service Tribunal had jurisdiction in such matter and not civil court---Validity---Impugned order was self-contradictory-Once relationship between parties was held to be that of Master and Servant, then plaint could not have been rejected on ground that appropriate forum in such matter was Service Tribunal---Claim being agitated by plaintiff in his suit was not based on his terms and conditions of service---Courts below had wrongly rejected plaint---Supreme Court set aside impugned orders and directed parties to appear before Trial Court, which would decide suit in accordance with law. ORDER JAWWAD S. KHAWAJA, J.---The petitioner impugns the orders of the learned forums below. The petitioner's plaint has been rejected for the reason given in para 5 of the order of the trial Court dated 29-4-2008. For convenience the said paragraph is reproduced as under: "The relationship in between the applicant/defendant and the respondent/plaintiff is that of master and servant. The applicant/defendant is a statutory body and in case of dispute in between the master and servant the appropriate forum is Federal Service Tribunal and not the civil court. This court lacks jurisdiction. The application is accepted and consequently the plaint is…

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