Law: Constitution of Pakistan, 1973

Section: 212(2),212(3)

Law: Sindh Service Tribunals Act, 1973

Section: 3-B

(a) Constitution of Pakistan--- ----Arts. 212(2), proviso 212(3)---Provincial Service Tribunals (Extension of Provisions of the Constitution) Act (XXXII of 1974), S.2---Direct appeal to the Supreme Court from an order of a tribunal created by Provincial law---Question as to whether an appeal lies to the Supreme Court under Article 212(3) against an order of a tribunal created by a Provincial law to which the proviso to clause (2) of the said Article has not been made applicable?---Held, that an appeal to the Supreme Court under clause (3) of Article 212 of the Constitution against a decision of an Administrative Tribunal created by a Provincial law under clause (1) is possible if, and only if, clause (2) applies to the said Tribunal, i.e., it is covered by an appropriate resolution of the Provincial Assembly and consequent Federal legislation in terms of the proviso to clause (2)---Door to the judicial remedy provided by clause (3) opens if, and only if, clause (2) is applicable and not otherwise---In the case of a Tribunal set up by Provincial legislation this means that the route to clause (3) lies only through the proviso to clause (2)---Clause (2) and its proviso is the gateway to clause (3); the two must be read and applied together and not in isolation and as standalone provisions. (b) Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)--- ----Preamble---Sindh Service Tribunals Act (XV of 1973), S. 3-B [as amended by the Sindh Service Tribunals (Amendment) Act, 1991]---Khyber Pakhtunkhwa Subordinate Judiciary Service Tribunal Act (VIII of 1991), Preamble---Balochistan District Judiciary Act (I of 2021), Preamble---Islamabad Subordinate Judiciary Service Tribunal Act (V of 2016)---Constitution of Pakistan, Articles 212(2), proviso 212(3)---Appeal to the Supreme Court under Article 212(3) of the Constitution from orders of Tribunals in relation to District judiciaries in the Provinces and Federal Capital---Maintainability---Islamabad Subordinate Judiciary Service Tribunal Act (the 2016 Islamabad Act) presents no difficulties, as it is Federal legislation and clause (2) of Article 212 of the Constitution applies in relation thereto…

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