Case Details

Citation(s)
2000 SLG 863 2000 SLD 863 2000 SCMR 959 2000 SLD 1275 2000 SCMR 959
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.410-L of 1998, decision dated: 14-04-1999.
KHALIL-UR-REHRNAN KHAN AND MUNIR A. SHEIKH, JJ

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GULZEB HUSSAIN

VS

SUI NORTHERN GAS PIPELINES LIMITED and 2 others

Law:

Section:

Service Tribunals Act (LXX of 1973)--S.2-A---Provision of S.2-A, Service Tribunals Act, 1973 being a law relating to procedure, as such, all. the proceedings pending before any forum other than the Federal Service Tribunal in respect of departmental order made before insertion of S.2-A in Service Tribunals Act, 1973 could no longer continue and the only remedy was to approach the Service Tribunal. Syed Aftab Ahmad and others v. K.E.S.C. and others 1999 SCMR 197 fol. Ch. Ghulam Qadir, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. M.A. Qureshi, Advocate-on-Record for Respondents. Date of hearing: 14th April, 1999. JUDGMENT MUNIR A. SHEIKH, J.---Leave to appeal is sought against the judgment, dated 28-11-1997 of the Federal Service Tribunal through which the appeal filed °by the petitioner against the order of termination of his services, dated 5-2-1990 has been dismissed on the ground that section 2-A added through Act No.XVII of 1997 in the Service Tribunals Act declaring employees of statutory corporations as civil servants for purposes of the said Act was not retrospective in its operation. 2. The petitioner was appointed as Lift Operator in Sui Northern Gas Pipelines Limited in April, 1989. His services were terminated by order, dated 5-2-1990. He challenged the said order under section 25-A of the I.R.O., 1969. During the pendency of the said petition, section 2-A was added through amending Act No.XVII of 1997 in the Service Tribunals Act, 1973 through which it was provided that any employee of Statutory Corporation or authority etc. under the control of the Federal Government would be deemed to be a civil servant for the purposes of the said Act. The petitioner filed appeal before the Federal Service Tribunal being an employee of respondent-company which was under the control of Federal Government, as such, was within the ambit of section 2-A of the Act. The appeal has been dismissed by the said Tribunal on the ground that the said amendment was not retrospective in operation and the order passed before coming into force of the said amending Act, 1997 and the proceedings already…
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