Law:

Section:

Martial Law Regulation, 1977 [C. M. L. A.'s] --No. 52, paras. 1 & 4 (1) read with Service Tribunals Act (LXX of 1973), S. 4, Constitution of Pakistan (1973), Art. 212 and Provisional Constitution Order (1 of 1981), Art. 13-Martial Law Regula­tion 52-Applicable to employees of Pakistan International Airlines Corporation and Airport Security Force-Permanent employee of Civil Aviation Department serving in Airport Security Force with­out being confirmed on any post continued to be an employee of Civil Aviation Department-Not within ambit of M.L.R. 52-Para. 1 of M.L.R. 52 does not create a bar on jurisdiction of Service Tribunal derived from Art. 212 of Constitution of Pakistan (1973)-­Any immunity under para. 1 of M.L.R. 52 can, further held, be claimed only in respect of an order, which must be made in accordance with M.L.R. 52-Tribunal, held, has jurisdiction in matters arising out of order or action not in substance made in accordance with M.L.R. 52-Dismissal of such permanent employee of Civil Aviation Department purportedly made under M.L.R. 52, held, incompetent and without jurisdiction hence declared as of no effect re-instating appellant with back benefits. M S.Siddiqui for Appellant. . Syed M. Shahudul Haq for Respondent. Date of institution/ hearing: 8th November, 1982/28th November, 1983. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).-The appellant's case, in brief, is that he joined the Department of Civil Aviation as Assistant Aerodrome Officer and was confirmed as such with effect from 16th September, 1969. Subsequently having been selected by the Federal Public Service Commis­sion for the post of Aerodrome Officer (Security) he was appointed to Grade-17. Thereafter he was promoted to the post of Assistant Director (Security) in Grade-18 with effect from 27th July, 1976. It was intimated to him by the Force Commander, Airport Security Force, vide his letter dated the 7th of September, 1981 that the Secretary-General Defence, in purported exercise of his powers conferred by paragraph 4 (1) read with paragraph 11 of Martial Law Regulation 52, was pleased to dismiss him from service. 2. Aggrieved thereby the appellant filed a review petition dated the 3rd…

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