Law:

Section:

Service Tribunals Act (LXX of 1973)--S. 2-A---Constitution of Pakistan (1973), Art. 212(3)---Leave to appeal was granted to examine the of Service Tribunal on the question of interpretation of amendment in the Service Tribunals Act, 1973 (insertion of S.2-A of the Act) and the question of limitation. Muhammad Munir Peracha, Advocate Supreme Court for Petitioner. Nemo for Respondent. Date of hearing: 20th April, 1999. ORDER SH. RIAZ AHMED, J.---The petitioner seeks leave to appeal against the judgment and order dated 31-7-1998 delivered by the Federal Service Tribunal whereby an appeal preferred by the petitioner calling in question his dismissal from service was dismissed. 2. The petitioner was employed as an Assistant Store Keeper in the Stores Department of the respondent Corporation. On 11-11-1984 he sent a complaint to the General Manager with copy to the higher officer alleging therein that a relative of an influential employee had supplied substandard goods to the Corporation. On receipt of this complaint, investigation was carried out and it was found that the complaint sent by the petitioner was baseless, unfounded and malicious. The authorities considered that the act of the petitioner amounted to misconduct, and thus, he was served with a show-cause notice dated 25-11-1984. He submitted a reply, which was found unsatisfactory and an inquiry was conducted into the charge levelled against him. As a result of the inquiry, the charge against the petitioner stood proved. A second show-cause notice was issued on 29-12-1984. On 31-12-1984, the petitioner was dismissed from service. The petitioner assailed his dismissal by way of filing a petition under section 25-A of the Industrial Relations Ordinance, 1969 before the Labour Court, Peshawar. This application was resisted and the same was dismissed on 15-9-1985. The said order was challenged through an appeal before the Labour Appellate Tribunal, N.-W.F.P., Peshawar, which was accepted on 27-11-1985 and the case was remanded to the Labour Court for disposal on merits. During the post remand proceedings, the Labour Court came to the conclusion that application of the petitioner under section 25-A of the…

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