Law:

Section:

(a) Habib Bank Limited (Staff) Service Rules, 1981--R. 15---Service Tribunals Act (LXX 'of 1973), S. 2-A [as incorporated by Service Tribunals (Amendment) Act (XVII of 1997)]---Constitution of Pakistan (1973), Arts. 212 & 185---Employee of Bank---Termination of services--­Employee's Constitutional petition against termination was dismissed in view of amendment in Service Tribunals Act, 1973, through Act XVI1 of 1997, whereby service under any Authority, Corporation, Body or Organisation established by Federal law or owned or controlled by Government was declared to be service of Pakistan for purpose of investing Service Tribunal with jurisdiction to entertain appeals in respect of any of the terms and conditions of service of such employees---Validity---Sole question which required consideration was whether appropriate Service Tribunal alone had jurisdiction to entertain appeal in view of newly incorporated S. 2-A, in Service, Tribunals AoC; 1973 through Act XVII of 1997---Supreme Court in Muhammad, Afzal's case had already maintained that incorporation of S. 2-A in Service _Tribunals Act, 1973 through Act XVII of 1997, had retrospective effect being amendment relating to matters pertaining to procedure---High Court was, therefore; right in disposing appeal with observation that petitioner should approach Service Tribunal---Leave to appeal was refused in circumstances. Muhammad Afzal v. Karachi Electric Supply Corporation through its Managing Director, Karachi Civil Appeal No. 1513 of 1998 rel. (b) Service Tribunals Act (LXX of 1973)--- ----S. - 2-A---Application---Retrospectivity---Section 2-A of Service Tribunals Act as incorporated in Service Tribunals Act, 1973 by Service Tribunals (Amendment) Act (XVII of 1997) being relatable to procedure would be retrospective in its operation. K.M.A. Samdani, Advocate Supreme Court instructed by Mehr Khan Malik, Advocate-on-Record for Petitioner. Nemo for Respondents. , Date of hearing: 4th June, 1998. JUDGMENT IRSHAD HASAN KHAN, J.---Leave to appeal is sought against the judgment dated 26-11-1997 passed by a learned Division Bench of the High Court of Sindh, Karachi in Constitution Petition No. D-1879 of 1997. 2.…

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