Case Details

Citation(s)
1999 SLG 274 1999 SLD 274 1999 SCMR 197
Supreme Court of Pakistan
Civil Petitions Nos. 1305-K of 1997, 78-K, 92-K, 102-K, 104-K to 107-K of 1998, decision dated: 16-04-1998.
AJMAL MIAN, C.J., SAIDUZZAMAN SIDDIQUI AND MAMOON KAZI, JJ
Manzoor Ali Khan, Advocate-on-Record for Petitioner (in C.P. No. 170-K of 1998). Remaining petitioners in person. Mir Baz Khan, Litigating Officer for
Respondent. Abdul Mujeeb Pirzada, Advocate Supreme Court for Petitioner (in C.Ps. Nos. 180 to 185-K of 1

Syed AFTAB AHMED and OTHERS

VS

K.E.S.C. and others

Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- ---- S. 2-A --- Retrospectivity --- Right of appeal being a procedural matter, S. 2-A Service Tribunals Act, 1973 was applicable retrospectively. Civil Appeals Nos.1516 to 1537 of 1997 and Adrian Afzal v. Capt. Sher Afzal PLD 1969 SC 187 ref. (b) Service Tribunals Act (LXX of 1973)--S. 2-A---Civil Servants Act (LXXI of 1973), S. 2(l)(b) --- Scope of S. 2-A, Service Tribunals Act, 1973 --- Not necessary for an employee working in any of the organizations covered by S. 2-A that he should also come within the ambit of the definition of "civil servant" as given in S. 2(l)(b), Civil Servants Act, 1973 --- Employees of various Authorities, Corporations etc. mentioned in S. 2-A, have been treated in the service of Pakistan for limited purpose that is for providing remedy by way of appeal to them' against an order of which they may feel aggrieved. A perusal of section 2-A of Service Tribunals Act, 1973 indicates that the service under any Authority, Corporation, Body or Organization established by or under a Federal law or which is owned or controlled by the Federal Government or in which the Federal Government has a controlling share or interest has been declared to be service of Pakistan. It has also been provided that every person holding a post under any such Authority, Corporation, Body or Organization shall be deemed to be in civil service for the purposes of this Act i.e. the Service Tribunals Act, 1973. It is not necessary for an employee working in any of the organizations covered by section 2-A that he should also come within the ambit of definition of the "civil servant" given in section 2(l)(b) of the Civil Servants Act, 1973. "Me employees of the various Authorities, Corporations etc. mentioned in section 2-A have been treated in the service of Pakistan for limited purpose for providing remedy by way of appeal to them against an order of which they may feel aggrieved. (c) Service Tribunals Act (LXX of 1973)-- S. 2-A --- Civil Servants Act (LXXI of 1973), S. 2(1)(b)--"Employees" on contract basis or "workman" excluded by the definition of "civil servants" given in S. 2(l)(b) of Civil Servants Act, 1973---Definition…
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