Law:

Section:

(a) Service Tribunals Ordinance (XVI of 1973)--- S. 6-Abatement-Language of section-Peremptory-Proceedings in suit pending before civil Court-Abated ipso facto on commence­ment of Ordinance-No formal order of Court necessary to terminate proceedings before Court-Plea that unless civil Court declared suit as having abated limitation could not run and petitioner not obliged to move Service Tribunal in appeal, held, without substance-Service Tribunals Act (LXX of 1973), S. 6.-[Abatement-Limitation]. Under the substantive part of section 6 the suit abated "forthwith" on the commencement of the Service Tribunals Ordinance, 1973. Therefore, there is no room for the argument that unless the civil Court had declared the suit to have been so abated, the 90 days limitation for the filing of appeal before the Tribunal would not commence. Indeed, the language of the statute is peremp­tory and the proceedings in the suit abated ipso facto by operation of law and therefore no formal order of the Court was necessary to terminate the proceedings before it. (b) Service Tribunals Ordinance (XVI of 1973)- -- S. 6 read with Service Tribunals Act (LXX of 1973), S. 6 and General Clauses Act (X of 1897), S. 6(c)(d)(e)-Limitation-Fact of Ordinance (XVI of 1973) being replaced by Act (LXX of 1973)-Would not extend limitation for appeal before Tribunal-Clauses (c), (d) & (e) of S. 6, General Clauses Act, 1897, applicable to situation-Appeal not filed within 90 days of commencement of Ordinance XVI of 1973, held, rightly found to be barred by limitation.-[Limitation]. (c) Constitution of Pakistan (1973)- -- Art. 212(3)-Appeal to Supreme Court from orders of Administra­tive Courts or tribunals-Article envisages grant of leave on "a sub­stantial question of law of public importance-Condonation of delay- ­Matter entirely within discretion of Tribunal-Tribunal not having chosen to condone delay-No reason for grant of leave under Article.­[Limitation]. (d) Punjab Partition (Civil Services) Order, 1947- -- Art. 3 (b)-Assurance in Article guaranteeing existing terms and conditions as respects remuneration etc.-To be read as limited to terms and conditions applicable to a particular civil…

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