Law:

Section:

(a) Constitution of Pakistan (1973)Arts. 199 & 212Sindh Service Tribunals Act (XV of 1973), S. 4­Termination of serviceConstitutional petition in terms of Art. 199 of the ConstitutionCompetencyBar of jurisdiction provided in Art. 212-- EffectPetitioner basing competency of his petition under Art. 199 on the mala fide acts of the respondent Validity—Held: High Court would be reluctant to extend relief in matters where Tribunal constituted under Constitutional mandate was available as alternative or even as primary forum. Shakeel Ahmad v. Federation of Pakistan 1995 PLC (C.S.) 1221 and Shakeel Ahmad v. Federation of Pakistan 1995 PLC (C.S.) 1226 rel. (b) Limitation Act (IX of 1908)--- S. 3Constitution of Pakistan (1973), Arts. 199Void orderVoid order or order passed in colourable exercise of power LimitationEffect­Where order in question was shown to have been passed in colourable exercise of power, or same was otherwise void, plea of limitation„ if any, would be judged in that background. Noruddin Sarki and Raja Qureshi for Petitioners. Ameer Hani Muslim, Additional AdvocateGeneral, Sindh for Respondents. ORDER These petitions are directed against a common order namely, that comprised in the Notification dated 2381995, whereby the petitioners' services were terminated by the Secretary to the Government of Sindh in the Excise and Taxation Department. The respondents, upon preadmission notices, have urged that the petitions are barred because such relief, as has been sought, can only be obtained from the Service Tribunal. As to this, the learned counsel for petitioners say that the impugned order being mala fide and void the jurisdiction of this Court can also be invoked. However, in view of the dicta in Shakeel Ahmad v. Federation of Pakistan 1995 PLC (C.S.) 1221 and Shakeel Ahmad v. Federation of Pakistan 1995 PLC (C.S.) 1226, even though there may be some substance in what the learned counsel for petitioners by way of a legal proposition, say this Court is reluctant to A extend relief in matters where a Tribunal…

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