Case Details

Citation(s)
1998 SLG 873 1998 SLD 873 1998 SCMR 2318
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 56 of 1997 and 188 of 1998„ decided on 30-03-1998
IRSHAD HASAN KHAN AND SH. IJAZ NISAR, JJ
Petitioner in person and Abdul Hamid Qureshi, Advocate-on-Record (absent) Gul Zarin Kiani, Advocate Supreme Court for
Respondents (in C.P. No. 56 of 1997). Anwar H. Mir, Advocate-on-Record for
Respondents (in C.P. No. 188 of 1998)

KHANIMULLAH-

VS

CHAIRMAN, WAPDA, WAPDA HOUSE, LAHORE and 3 others

Law:

Section:

(a) Service Tribunals (Procedure) Rules, 1974--S. 22---Constitution of Pakistan (1973), Art. 212(3)---Service Tribunal--­Power of review---Power of review being not law of procedure, but of jurisdiction, unless same was conferred expressly, it could not be exercised--­Supreme Court observed that suitable amendments were needed in Service Tribunals Act, 1973 to vest Service Tribunal with power to correct its own mistake where it had resulted in obvious injustice to party before it. Muhammad Yousaf v. The Government of Pakistan through General Manager, Pakistan Railways, Lahore 1992 SCMR 1748 rel. Muzaffar Ali v. Muhammad Shafi PLD 1981 SC 94; S.A. Rizvi v. Pakistan Atomic Energy Commission 1986 SCMR 965 and Muhammad Farid Khan v. Water and Power Development Authority 1984 SCMR 603 ref. (b) Service Tribunals (Procedure) Rules, 1974--- ----(. 22---Limitation Act (IX of 1908), S. 5---Constitution of Pakistan (1973), Art. 212(3)---Appeal before Service Tribunal was filed alongwith application for condonation of delay---Service Tribunal without considering application for condonation of delay dismissed appeal on ground of limitation---Petitioner having filed 'application for condonation of delay, was entitled to its consideration before bar of limitation was decided against him---Petition for leave to appeal was converted into appeal and case was remanded to Service Tribunal to decide question of limitation afresh after hearing parties. JUDGMENT IRSHAD HASAN KHAN, J.---Through this common judgment we propose to dispose of Civil Petitions Nos. 56 of 1997 and 188 of 1998, arising out of the order dated 22-9-1996 in Miscellaneous Petition No. 143 of 1997 in Appeal No. 27-P of 1996 and order dated 27-6-1996 passed in the said appeal by the Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal). 2. The petition has been working in WAPDA since 1963 and was selected as Computer Operator in B-14 in 1977. 3. Grievance of the petitioner is that he has been repeatedly superseded by less qualified, less experienced and junior people, and unjustifiably denied selection grade. The petitioner made a representation to the respondents for redress of his…
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