Case Details

Citation(s)
1981 SLG 1281 1981 SLD 1281 1981 PLD 172
Supreme Court of Pakistan

ANWARUL HAQ, C.J., MUHAMMAD HALEEM AND FAKHRUDDIN G. EBRAHIM, JJ

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Mufti MUSHTAQ AHMED )

VS

THE FEDERATION OF PAKISTAN

Law:

Section:

(a) Service Tribunals Ordinance (LXX of 1973)----- S. 2(2) read with Civil Servants Act (LXXI of 1973), S. 2(b), Workmen's Compensation Act (VIII of 1923), S. 2(1) (a) and Railways Act (IX of 1890), S. 3-Civil servant-Workman-Determination of question whether person concerned falls within category of workmen or civil servants--Occupation or duties of such person at relevant time, held, to be considered for such purpose.--[Civil services]. Link 1 Link 2 Bombay Burmah Trading Corporation v. Ma E Nun A I R 1937 Rang. 45 ; Secretary of State v. Mt. Geeta A I R 1938 Nag. 91 ; Muhammad Aslam v. Federation of Pakistan P L D 1974 Lah. 545 and Pakistan Western Railway v. Muhammad Usman P L D 1971 Lah. 27 ref. (b) Service Tribunals Ordinance (LXX of 1973)---- -- S. 2(2)-Civil servant-Workman-Appellant appointed as Ticket Collector in Railways but at relevant time performing duties primarily of a clerical nature in office of Station Master-Charges relating to irregularities in preparation of passes and P.T.Os. for members of Railway Staff served on appellant while performing such clerical duties, held, served on appellant not in his capacity of Ticket Collec­tor but in capacity of one performing clerical duties and appellant did not fall within definition of workman at relevant time and Service Tribunal possessed of jurisdiction to deal with case.-[Civil services]. Link (c) Service Tribunals Ordinance (LXX of 1973)- -- S. 4(1), proviso (a)-Appeal-Limitation-Appeal being not entertainable by Service Tribunal unless all available remedies by way of appeal, review, or representation before depart­mental authorities exhausted, appellant invo:1ing revisional jurisdiction of competent authority, and order on such representation finally passed, appeal, held, entertainable by Service Tribunal and limitation period for appeal to be counted from date of such final orders .­[Appeal (civil)-Limitation]. Link S. M. Saeed Beg, Advocate Supreme Court and Sh. Abdul Karim, Advo­cate-on-Record. (absent) for Appellant. Nemo for Respondent. Date of hearing,: 25th November, 1980. JUDGMENT ANWARUL HAQ, C. J.--This appeal, by the leave of the Court, is directed against the judgment of the…
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