| Citation(s) |
|---|
| 1987 SLG 974 1987 SLD 974 1987 PLC 76 |
Federal Service Tribunal, Islamabad
Appeal No. 10(K) of 1984, decided on 14th June, 1986.
JUSTICE SHAH ABDUR RASHID, CHAIRMAN, MUHAMMAD IRSHAD KHAN, S.A. SAYOOD AND CH. A. RAHMAN AHAN, MEMBERS
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Appeal No. 10(K) of 1984, decided on 14th June, 1986.
JUSTICE SHAH ABDUR RASHID, CHAIRMAN, MUHAMMAD IRSHAD KHAN, S.A. SAYOOD AND CH. A. RAHMAN AHAN, MEMBERS
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LATIF AHMAD KHAN
VS
CHAIRMAN SUPARCO, KARACHI
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)-- ---S. 4--Pakistan Space and Upper Atmosphere Research Commission Ordinance (XX of 1981), S. 7(2)--Jurisdiction--Employees of a Corporation are not civil servants and not amenable to jurisdiction of Tribunal--Corporation being a body corporate, having perpetual succession and a common seal with power, subject to provisions of Ordinance, to acquire and hold property, both movable and immovable, can sue and be sued in its own name--Such Corporation has no semblance with Federal Government as far as rights of its employees were concerned Employees of Corporation, held, were serving in affairs of Corporation and not in connection with Affairs of Federal Government. Salahuddin v . Frontier Sugar Mills and Distillery P L D 1975 SC 244 ref. Muhammad Nawaz Shaikh v . Secretary, Ministry of Communications and 2 others 1985 P L C (C.S.) 395 rel. (b) Service Tribunals Act (LXX of 1973)-- ---S. 4--Pakistan Space and Upper Atmosphere Research Commission Ordinance (XX of 1981), S. 7(2)--Removal from service--Appellant at time of removal from service ceased to be civil servant--Tribunal held, had no jurisdiction to entertain appeal of dismissed civil servant. (c) Service Tribunals Act (LXX of 1973)-- ---S. 4--Pakistan Space and Upper Atmosphere Research Commission Ordinance (XX of 1981), S. 7(2)--Civil services--Facts that rules for carrying out purposes of Ordinance establishing a statutory Corporation were to be framed by Federal Government and Members thereof, appointed by President, held, would not make its employees as persons serving in connection with Affairs of Federation and as such civil servants. Latif Saghir for Appellant. Syed Mahmoodul Hassan for Respondent. Date of hearing: 14th June, 1986. JUDGMENT JUSTICE SHAH ABDUR RASHID (CHAIRMAN).--The appellant, while employed as High Skilled Mechanic-II in the Pakistan Space and Upper Atmosphere Research Commission (SUPARCO), was removed from service by order, dated 29th September, 1983. Having failed to get redress departmentally, he has come up in appeal before us invoking the provisions of section 4 of the Service Tribunals Act (LXX of 1973). 2. This Full Bench was constituted…
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