Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------S. 2-A---Constitution of Pakistan (1973), Art. 212---Jurisdiction---By virtue of insertion of S. 2-A in the Service Tribunals Act, 1973 which declares the plaintiffs' employment as in Service of Pakistan and holders of posts under the defendant-company, were deemed to be civil servants for the purpose of Service Tribunals Act, 1973---Petitioners' grievance with regard to enforcement of terms and conditions of their employment, thus. would fall within the exclusive jurisdiction of Service Tribunal and their suits against termination of their services were barred by law. (b) Service Tribunals Act (LXX of 1973)--- ----S. 2-A---Civil. servant---By insertion of S. 2-A in Service Tribunals Act, 1973, in fact a new class of persons in Service of Pakistan has come into being and all such employees of organisations established or controlled and managed by the Federation shall now be treated as civil servants by fiction of law. (c) Service Tribunals Act (LXX of 1973)--- ----S. 2-A---Constitution of Pakistan (1973), Art. 212---Mala fide orders--­Jurisdiction---Situation contemplated in S. 2-A of the Service Tribunals Act, 1973 is that the jurisdiction conferred on the Service Tribunal and the jurisdiction vested in Civil Court in respect of the terms and conditions of service of civil servant is mutually exclusive, so that the field covered by the jurisdiction of the Service Tribunal is totally outside the jurisdiction of the Civil Court including the High Court---Orders which are mala fide, ultra vires or coram non judice are within the ambit of Service Tribunal. (d) Service Tribunals Act (LXX of 1973)--- ----Ss. 2-A & 4---Appeal to Service Tribunal ---Limitation---Condonation of delay---Period spent in suit was desired by High Court to be taken into consideration by the Service Tribunal for the purposes of condonation of limitation. Anisa Rehman v. Federation of Pakistan 1994 SCMR 2232; M. Yamin Qureshi v. Islamic Republic of Pakistan PLD 1980 SC 22 and State v. Qaim Ali Shah 1992 SCMR 2192 ref. Abdul Bari v. Government of Pakistan PLD 1981 Kar. 290; Islamic Republic of Pakistan v. Muhammad Zaman Khan 1997 SCMR 1514;…

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