| Citation(s) |
|---|
| 1981 SLG 1295 1981 SLD 1295 1981 PLD 249 |
Supreme Court of Pakistan
ANWARUL HAQ, C.J., ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
ANWARUL HAQ, C.J., ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
Civil Appeal No. 109 of 1976FEDERATION OF PAKISTANvsMUHAMMAD SIDDIQ-(On appeal from the judgment and order of the Service Tribunal, Islamabad, made on 20-2-1975 in Appeal No. 24 (R) of 1974).Civil Appeal No. 49 of 1977WATER AND POWER DEVELOPME
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)----- S. 6, proviso read with Service Tribunals Ordinance (XV of 1973). S. 6, proviso-Service matters-Appeal by Government-Proviso to S. 6 of Ordinance XV of 1973 though ;specified a civil servant being a party to suit/appeal/application abated under purview of S. 6 as competent to prefer appeal to Tribunal yet change in proviso having been brought about by substituting words "any patty to such a suit" for words "any civil servant who is a party to such a suit", Service Tribunal, held, not devoid of jurisdiction to hear appeals or to entertain proceedings at instance of Government-[Pakistan through The Secretary, Ministry of Industries, Karachi v. S. M. Nafisul Hassan Shah P L D 19-79 Kar. 117 overruled].-[Civil service-Jurisdiction-Interpretation of statutes]. Pakistan through the Secretary, Ministry of Industries, Karachi v. S. M. Nafisul Hassan Shah P L D 1979 Kar. 117 overruled. (b) Service Tribunals AM (LXX of 1973)- Ss. 4 & 6, proviso read with Constitution (First Amendment) Act (XXXIII of 1974), S. 12 [amending Art. 212, Constitution of Pakistan (1973)]-Abatement-Policy of law being to continue remedies then being pursued (with some changes) under new service laws, proviso to S. 6 in pursuance of such principle, held, provided for an appeal to appropriate Tribunal within stipulated period of 90 days where abatement of any matter took place-Appropriate Tribunals having not been established till several months after promulgation of Constitution (1973) and Service Laws, such factual position taken note of and appropriate amendment made in Constitution, viz. abatement itself; instead of having taken place on commencement of Act, to take place on establishment of Tribunal-Abatement, held further, could not take place unless and until Service Tribunal established, i. e. 22nd February, 1974 and other so-called abatements under Act not to be recognised or accepted as affecting rights of parties concerned .[Abatement-Civil service]. Khan Faizullah Khan v. Government of Pakistan P L D 1974 S C 291 ; Gulsher Khan and another v. The Province of West Pakistan and 2 others P L D 1975 Lab. 722 and Azad Government and another…
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