Law:

Section:

Service Tribunals Act (LXX of 1973)-------S. 2-A [as inserted by Service Tribunals (Amendment) Act (XVII of 1997)], Ss.4 & 6---Constitution of Pakistan (1973), Arts. 199 & 212(2)--­Civil Procedure Code (V of 1908), S.11---Dismissal from service---Appeal of employee was dismissed by Labour Appellate Tribunal---Constitutional petition---Abatement---Appeal before Service Tribunal ---Maintainability--­Res judicata---Appellant, who was employee of autonomous body was dismissed from service on disciplinary proceedings---Appellant Challenged his dismissal before Labour Court, but without success and his appeal against order of Labour Court having failed, he filed Constitutional petition---Pending Constitutional petition, amendment was made in Service Tribunals Act, 1973 whereby employees of autonomous bodies were declared to be civil servants---Appellant in view of said amendment filed appeal before Service Tribunal presuming that proceedings pending before High Court had abated by the said amendment---Validity---On decision of Labour Appellate Tribunal which was last Court of appeal on facts and legal issues, remedies available to appellant stood exhausted---Employees of statutory Corporation, having been declared as civil servants by fiction of law resulting from amendment in Service Tribunals Act, 1973, they could not be deemed to be in service of Pakistan prior to such amendment and cases pending in any Court were to continue to their normal conclusion---If any suit or appeal or other proceedings with regard to adjudication of terms and conditions of Service had been filed and finally adjudicated upon, such decided issue could not be re-opened even before Service Tribunal as closed matters could not be reviewed in accordance with S. 11, C.P.C. on principles of res judicata---Service Tribunal specifically constituted for protection of terms and conditions of civil servants, could neither entertain nor adjudicate upon the exercise of authority by another statutory Tribunal (Labour Appellate Tribunal)---Constitutional petition directed against order of Labour Appellate Tribunal, could never abate and such matters could not be brought to Service Tribunal as…

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