Law: Provincial Service Tribunals (Extension of Provisions of The Constitution) Act, 1974

Section: 2

Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4,8

Law: Constitution of Pakistan, 1973

Section: 212(2)

(a) Provincial Service Tribunals (Extension of Provisions of the Constitution) Act (XXXII of 1974)--   ---S.2--Punjab Administrative Tribunals Ordinance (V of 1974), S.8-­Punjab Service Tribunals Act (IX of 1974), Ss.4 8--Constitution of Pakistan (1973), Art.212(2)--Abatement of appeals filed by civil servants--Interpretation of S.8 of Ordinance (V of 1974)--Effect of Ordinance (V of 1974) on appeal pending on day it came into force-­Section 8 having provided for abatement of pending suits, appeals and applications, the proviso thereto indicated the forum where the affected civil servant could seek redress for his grievance, it was not intended to leave a civil servant without a remedy--Direction with regard to abatement and the provision in respect of the alternate remedy have to be read together--Abatement, therefore, was to take place only after a Tribunal competent to entertain the appeals of the affected civil servants had been set up--No Tribunal having been constituted till Ordinance was repealed and replaced by Act (IX of 1974) , pending appeal did not abate.--[ Abatement of appeal].     (b) West Pakistan (Adaptation and Repeal of Laws) Ordinance (XXIV of 1956)--   ---Sched. II--West Pakistan (Adaptation and Repeal of Laws) Act (XVI of 1957), Sched. It S.3(4)--Constitution of Pakistan (1973), Art-185(3)--Question arising whether High Court was right in holding that after the merger of Bahawalpur State in the Province of West Pakistan the Commissioner of Bahawalpur Division was not competent to accept the resignation of former State employee and officiating Head Assistant in his office, and that it could only be accepted by the Chief Secretary to the new Government--Held, reading S.3(4) of Act (XVI of 1957) alongwith Letter No. 21/55/Integration dated 16-10-1955 issued by Chief Secretary to Government of West Pakistan there could be little doubt that after the State administration, including office of Chief Secretary, ceased to exist the employee became a member of Commissioners establishment and for all purposes fell under his administrative control--Commissioner, held, was competent to entertain or accept his resignation.   (a)…

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