Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)-- ---S.23--General Clauses Act (X of 1897), S.21--Rules holding the field on eve of promulgation of Punjab Civil Servants Act, 1974 deemed to have been framed under S.23 thereof--Argument that since there was no provision for repeal, old Rules could not have been repealed and new Rules enacted, held, was too superficial and without any merit as the power to enact includes power to repeal. (b) Interpretation of statutes- ---Power to enact includes power to repeal. (c) Constitution of Pakistan (1973)-- --Arts.25 & 27--Punjab Labour Department Service Rules, 1987-­Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R.20--West Pakistan Labour Welfare Subordinate Service Rules, 1969, R.10--Creation of Regions/Zones--Posts could be reserved for persons belonging to any class or area--No post having been reserved, the case of appellant was not covered by Art.27 of Constitution-­Regions/Zones were created by Government for smooth administration and Government could do away with the same, of course, subject to provisions of law--Argument that since the Constitution and Appointment Rules have preserved the Regions/Zones, any rules doing away with the Regions/Zones were ultra vires, held, was misconceived and without any merit--Argument that to convert the Department into one functional unit was impracticable and since other Departments were preserving the Regions, the new rules i.e. Punjab Labour Department Service Rules, 1987 amounted to discrimination in terms of Art.25 of Constitution and were thus ultra vires--Fact that many Departments had changed over system from Regions of Zones not having been controverted argument of appellant's counsel was factually incorrect. Brig. Retd. F.B. Ali P L D 1975 S C 506 not relevant. (d) Punjab Service Tribunals Act (IX of 1974)-- ---Preamble & S.4--Constitution of Pakistan (1973), Art.212(1)(a)-­Jurisdiction of Service Tribunal--Tribunal is a Court of exclusive jurisdiction in respect of matters relating to terms and conditions of service of civil servants and is fully competent to go into vires of rules affecting such terms and conditions. Province of Punjab v.…

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