Law:

Section:

Service Tribunals Act (LXX of 1973)- --S. 4 read with Corporation Employees (Special Powers) Ordinance (XIII of 1978), Ss. 3 & 5-Jurisdiction of Service Tribunal-Extends to employees of Corporation only when action against them taken under Corporation Employees (Special Powers) Ordinance, 1978­Corporation employees proceeded against under respective Efficiency and Discipline Rules cannot invoke jurisdiction of Service Tribunal. Question before the Federal Service Tribunal was as to whether employees of Karachi Port Trust a body corporate incorporated under the Karachi Port Trust Act, 1886 and controlled by the Federal Government could seek remedy before Service Tribunal against penalty awarded under Efficiency and Discipline Rules of the Karachi Port Trust. It was contended that since a Corporation Service has been declared to be service of Pakistan under section 5 of the Corporation Employees (Special Powers) Ordinance, 1978 all provision relating to persons in service of Pakistan and provisions of Service Tribunals Act, 1973 would be applicable hence they could seek remedy as civil servants under section 4 of the Act. Held: According to Art. 260 (1) of the Constitution of Pakistan (1973), "Service of Pakistan" is a service, post or office in connection with the affairs of the Federation or the province and also such service as may be declared to be "Service of Pakistan by or under an Act of Parliament or of a Provincial Assembly. There is no doubt that the service of every Government controlled Corpora­tion has been declared to be Service of Pakistan under the Cor­poration Employees (Special Powers) Ordinance, 1978, nevertheless, this law does not confer any right on the employee of a corporation to become ipso facto a civil servant for all purposes under the Service Tribunal Act, 1973. The definition of the terms "Service of Pakistan" is embodied in Article 260 (1) for interpreting the provisions of the Constitution, specially Article 240 which relates to appointment to Service of Pakistan, and condition of service and Article 63 read with Article 127 which provides for disqualification of a person in service of Pakistan from being a Member of Provincial…

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