| Citation(s) |
|---|
| 1987 SLG 1668 1987 SLD 1668 1987 SCMR 899 |
Supreme Court of Pakistan
Civil Appeal No. 331-K of 1986, decided on 8th March, 1987. (From the order/ of the Federal Service Tribunal at Karachi, dated 8-8-1985, passed in Miscellaneous Application No. 38 of 1985 in Appeal Nos. 134 and 135(K) of 1980).
MUHAMMAD HALEEM, C, J, S. A. NUSRAT, ZAFFAR HUSSAIN MIRZA, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Hasan A. Shaikh, Advocate Supreme Court with Yousaf Rafi, Advocate-on-Record for Appellants. Muzaffar Hassan, Advocate-on-Record for
Respondents Nos. 1 and 2. Fakhruddin G. Ebrahim, Senior Advocate Supreme Court with M.S. Ghaury, Advocate- on-Record (abse
Civil Appeal No. 331-K of 1986, decided on 8th March, 1987. (From the order/ of the Federal Service Tribunal at Karachi, dated 8-8-1985, passed in Miscellaneous Application No. 38 of 1985 in Appeal Nos. 134 and 135(K) of 1980).
MUHAMMAD HALEEM, C, J, S. A. NUSRAT, ZAFFAR HUSSAIN MIRZA, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Hasan A. Shaikh, Advocate Supreme Court with Yousaf Rafi, Advocate-on-Record for Appellants. Muzaffar Hassan, Advocate-on-Record for
Respondents Nos. 1 and 2. Fakhruddin G. Ebrahim, Senior Advocate Supreme Court with M.S. Ghaury, Advocate- on-Record (abse
S. SARWAT HAIDER and another--Appellants
VS
CENTRAL BOARD OF REVENUE, and others--Respondents
Law:
Section:
(a) Constitution of Pakistan (1973)-- --Art. 212(3)--Service Tribunals Act (LXX of 1973), S.4--Seniority-Leave to appeal granted to consider whether an order passed by Service Tribunal in respect of seniority of certain officers without impleading the necessary parties and giving them an opportunity of being heard, being null and void, could be recalled in exercise of the purported powers of review. (b) Service Tribunals Act (LXX of 1973)- --S. 4--Service Tribunals (Procedure) Rules, 1974--Powers of Service Tribunal-- Review--Service Tribunal, held, was not invested with powers to review its own orders under any circumstance.--[Review]. S.A. Rizvi v. Pakistan Atomic Energy Commission and another 1986 SCMR 965 rel. (c) Service Tribunals Act (LXX of 1973)-- ---S. 4--Seniority--Appellants and a number of respondents being necessary parties in appeals having not been impleaded as such, any action taken/or order made in their absence which adversely affected their interest could not at all affect their right and they would not be bound thereby--Such persons, held, could take up the matter of their seniority before departmental au only and get it determined afresh. JUDGMENT ALI HUSSAIN QAZILBASH, J.--Leave was granted in this case to consider whether an order passed by the Federal Service Tribunal in respect of seniority of certain officers without impleading the necessary parties and giving them an opportunity of being heard, being null and void, could be recalled in exercise of the purported powers of review. 2. The facts are that respondents 3 and 4 serving in the Customs House, Karachi, claimed seniority in the cadre of Appraisers with effect from the date of their respective appointments in March, 1965. Their claim was rejected by the Central Board of Revenue, as a result of which they filed appeals before the Federal Service Tribunal. Both the appeals were heard together, and by a single order, dated 26th May, 1982 their appeals were accepted and they were granted seniority. The appellants who were also holding the posts of Appraisers in the Customs House, Karachi, were, however, not impleaded in the appeals before the Federal Service Tribunal filed by…
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