Law:

Section:

(u) Service Tribunals Act (LXX of 1973)-- ---S. 4--Pakistan International Airlines Corporation Act (XIX of 1956), S. 10(3) [as added by Pakistan International Airlines Corporation (Amendment) Ordinance (LIII of 1984)]--Establishment of Administrative Tribunal or Court-­Pakistan International Airlines employees deemed to be civil servants from the date of amendment of Act XIX of 1956--Where an Administrative Tribunal or Court is established no other Court can exercise jurisdiction in matters relating to the terms and conditions of a civil servant--Service Tribunal in the case of Pakistan International Airlines Corporation employees would be deemed to have been established from 15-11-1984 when Act XIX of 1956 was amended--Applying the amended Ordinance LIII of 1984, with reference to Service Tribunals Act, 1973 and the definition of civil servant given therein, logical conclusion would be that all those persons who are or were employees of the Pakistan International Airlines Corporation, would be deemed to be civil servants for the purpose of Service Tribunals Act, 1973--Objection of jurisdiction of Service Tribunal in case of such employee was thus not sustainable. Federation of Pakistan v. Muhammad Siddiq P L D 1981 S C 249 rel. (b) Service Tribunals Act (LXX of 1973)----- ---S. 4--Appeal--Limitation--Condonation--Decision on merit by Appellate Authority which was conscious of question of limitation, would imply that delay was condoned--Appeal filed within thirty days from the rejection of departmental appeal on merits would be within time. Muhammad Yousaf v. Member ~n rah Board of Revenue 1970 S C 'M R 170 rel. (c) Service Tribunals Act (LXX of 1973) ---S. 4--Civil servant tendering his resignation is estopped from challenging the same if it was voluntary--Where mainstay of civil servant's case was that the resignation was obtained through duress and coercion, question of estoppel would not arise; for any act done under duress and coercion was a nullity to law and would have no foundation whatsoever--Civil servant was thus ordered to be reinstated in service with effect from the date from which his resignation was accepted. Iqbal Mahmood Awan for Appellant.…

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