Law:

Section:

(a) Pakistan International Airlines Corporation Act (XIX of 1956)-- ---S. 10 [as amended by Pakistan International Airlines Corporation (Amendment) Ordinance (LIII of 1984)]--Pakistan international Airlines Corporation Employees (Service and Discipline) Regulations, 1985, Reglns. 87 & 89--Service Tribunals Act (LXX of 1973), S. 4--Promotion and reversion of employee after the expiry of probationary period--Employees of P.IA. did not hold status of civil servant at the time reversion order was passed--Subsequent amendment in S. 10 of Act XIX conferred the status of civil servant on employee of P.IA.--Cause of action having arisen to employee at the time when he did not enjoy the status of civil servant, competency to file appeal under Service Tribunals Act, 1973, after the amendment of S. 10 of Act XIX of 1956--Employee's appeal against his reversion although filed before the coming into force of 1985 Regulations as well as prior to promulgation of amending Ordinance of 1984 whereby S. 10 of Act XIX was amended, would be deemed to be an appeal under the. Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985 and Service Tribunal would be competent to have jurisdiction in the matter. A civil servant can prefer an appeal to this Tribunal against any final order whether original or appellate. In the present case, the employee no doubt, was not a civil servant on the 16th of January, 1984, for the reason that neither on the said date nor within thirty days of that date, he was a civil servant for the purposes of section 4 of the Service Tribunals Act, 1973, and PIAC (Amendment) Ordinance, 1984 had not been promulgated. However, after its promulgation with effect from 15-11-1984, the PIAC enforced revised Service and Discipline Rules called the PIAC Employees (Service and Discipline) Regulations, 1985. Regulation 89 of the said Regulations lays down that an 'employee aggrieved by an order or removal or any other order passed by the competent authority may prefer an appeal to the Service Tribunal established under the Service Tribunals Act, 1973. In Regulation 87(9)(b) it has been laid down that all appeals pending (with…

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