Law:

Section:

(a) Civil Servants Act (LIM of 1973)--- ----S. 9---Constitution of Pakistan (1973), Art. 212(3)--Promotion--Leave to appeal was granted to consider whether appeal filed by civil servant was not maintainable, for he had failed to avail departmental remedy provided under Service Regulations before approaching Service Tribunal; whether appeal filed by civil servant in 1987 in respect of action taken by employer in 1982 was time-barred; and whether in view of decision of Supreme Court in Razi-ud-Din's case (PLD 1992 SC 531) Service Tribunal was not competent to grant relief asked for by civil servant. (b) Pakistan International Airlines Corporation Act (XIX of 1956)- ----S. 10(2)(3) & (4) [as added by Pakistan International Airlines Corporation (Amendment) Act (LIII of 1984)]----Employees of Pakistan International Airlines Corporation---Applicability of Service Tribunals Act, 1973 on such employee---Service under P.I.A. Corporation was declared to be the service of Pakistan under S. 10(3) of the Pakistan International Airlines Act, 1956 and all persons holding post under the Corporation, not being persons who were on deputation to Corporation, were declared to be civil servants for purpose of Service Tribunals Act, 1973--Employees of P.I.A. between the period 15-11-1984 and 2-11-1989, enjoyed status of civil servants (thereafter amendment in the Act was undone) therefore, any dispute relating to terms and conditions of their service was cognizable by Federal Service Tribunal---Appeal filed by P.I.A. employee between specified period viz. on 30-7-1987, was therefore, fully competent under the law. Raziuddin v. Chairman, PIAC PLD 1992 SC 531 ref: (c) Service Tribunals Act (LXXI of 1973)-- ---S. 4--Constitution of Pakistan (1973), Art. 212---Condonation of delay--­Authority had admittedly assured employee that on his return from foreign country, his name would be considered for promotion---Service Tribunal exercising discretion on bass-of such assurance condoned delay---Such exercise of discretion by Service Tribunal was based on sound grounds and was unexceptionable. 1986 PLC (C.S.) 228 ref. (d) Pakistan International Airlines Corporation Act (XIX of 1956)---…

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