Law: Service Tribunals Act, 1973

Section: 4

Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 2(c),2(d),9,10

(a) Service Tribunals Act (LXX of 1973)---   ----S.4---Expression civil servant---Scope---Except the employees whose services are governed by statutory rules, others do not fall within the definition of `civil servant.    Muhammad Mubeen-us-Salam v. Federation of Pakistan PLD 2006 SC 602 and Muhammad Idrees v. Agricultural Development Bank of Pakistan PLD 2007 SC 681 rel.   (b) Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ---Ss. 2 (c), 2 (d), 9 10---Service Tribunals Act (LXX of 1973), S.4---Appeal before Service Tribunal---Maintainability---Employees of non-statutory corporation---Master and servant, principle of---Applicability---Major penalties imposed on respondents under the provisions of Removal from Service (Special Powers) Ordinance, 2000, were set aside by Service Tribunal in exercise of jurisdiction under S.4 of Service Tribunals Act, 1973---Plea raised by authorities was that as respondents were not civil servants, therefore, Service Tribunal had no jurisdiction to decide the appeal---Validity---Persons in `corporation service or persons in `government service, as defined in S.2(c) and (d) of Removal from Service (Special Powers) Ordinance, 2000, could be subjected to the provisions of the Ordinance---Only those employees could approach Service Tribunal, who fell within the definition of `civil servant, holding posts in connection with the affairs of Federation---Remaining categories of employees, including contractual ones, if they were aggrieved of any adverse action, Service Tribunal was not the appropriate forum for redressal of their grievance---Service Tribunal was the forum constituted under Art. 212 of the Constitution for redressal of grievance of those employees, whose terms and conditions were settled under Art. 212 (1) (a) of the Constitution---Any action taken against persons not falling within the definition of civil servant, would not be questionable before Service Tribunal as it was not meant to provide a forum to employees, whose services were governed by non-statutory rules on who did not fall within the definition of person in `government service as defined in S.2(d) of Removal from…

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