| Citation(s) |
|---|
| 1994 SLG 1519 1994 SLD 1519 = 1994 PLD 123 |
Supreme Court of Pakistan
Civil Appeal No. 696 of 1992, decided on 23rd October, 1993. (On appeal from the judgment of the Federal Service Tribunal Islamabad, dated 30-7-1992 passed in Appeal No. 203(R)/1992):
Presented By: Present: Nasim Hasan Shah, CJ., Saleern Akhtar and Manzoor Hussain Sial, JJ
Appellant in person. Mumtaz Ali Mirza, Deputy Attorney-General and Ch. Akhtar Ali, Advocate-on-Record for
Respondents.
Civil Appeal No. 696 of 1992, decided on 23rd October, 1993. (On appeal from the judgment of the Federal Service Tribunal Islamabad, dated 30-7-1992 passed in Appeal No. 203(R)/1992):
Presented By: Present: Nasim Hasan Shah, CJ., Saleern Akhtar and Manzoor Hussain Sial, JJ
Appellant in person. Mumtaz Ali Mirza, Deputy Attorney-General and Ch. Akhtar Ali, Advocate-on-Record for
Respondents.
SAEED RABBANI---Appellant
VERSUS
DIRECTOR-GENERAL LEATHER INDUSTRY DEVELOPMENT ORGANISATION and another---Respondents
Law: Civil Servants Act, 1973
Section: 2
Law: Constitution of Pakistan 1973
Section:
Civil Servants Act (LXXI of 1973)--- ----S. 2(b)---Constitution of Pakistan (1973), Art.212(3), Fourth Sched., Part I, Items Nos. 16 & 17---Rules of Business, R.3(3)---Leave to appeal was granted to consider whether in the facts and circumstances of the case employee of Leather Industry Development Organization was a civil servant and the Federal Service Tribunal had the jurisdiction to adjudicate upon the dispute.- [Jurisdiction]. Constitution of Pakistan (1973)--- ----Fourth Sched.; Part I, Items Nos. 16 & 17---Rules of Business, R.3(3)-- Civil Servants Act (LXXI of 1973), S. 2(b)-=-Leather Industry Development Organization being directly controlled, managed and financed by the Government of Pakistan under the authority derived from the Constitution and placed under the administrative control of the Ministry of Industries, its employees hold a civil post in connection with the affairs of the Federation and were thus covered by S. 2(b), Civil Servants Act; 1973. M.N. Arshad v. Miss Naeema Khan PLD 1990 SC 612 ref. Appellant in person. Mumtaz Ali Mirza, Deputy Attorney-General and Ch. Akhtar Ali, Advocate-on-Record for Respondents. Date of hearing: 23rd October, 1993. JUDGMENT SALEEM AKHTAR, J.---This appeal with the leave of the Court challenges the order of the Federal Service Tribunal whereby his appeal was dismissed solely on the ground that the appellant is not a civil servant. The appellant was appointed as Assistant on .16-5-1975 in the Leather Industry Development Organization. At present he is on deputation with the National Housing Authority. The appellant submitted an application for selection grade which was rejected by the Director-General on the ground that the Leather Industry Development Organization being an autonomous body, its employees are not eligible for selection grade. The appellant made representation and filed appeal before the Federal Service Tribunal which was dismissed with the following observation:-- "It appears from the documents placed on the record that both the Leather Industry Development Organization and the National Housing Authority are autonomous bodies although under the administrative…