Case Details

Citation(s)
2006 SLG 2714 2006 SLD 2714 2006 SCMR 1459
Supreme Court of Pakistan
Civil Petitions Nos.2974-L of 2003, 3004-L to 3027-L of 7003 along with Civil Petitions Nos. 3100-L to 3102-L of 2003, decision dated: 7-07-2004
IFTIKHAR MUHAMMAD CHAUDHRY AND FAQIR MUHAMMAD KHOKHAR, JJ

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CHIEF EXECUTIVE PROGRESSIVE PAPERS LIMITED/ CHAIRMAN NATIONAL PRESS TRUST, Islamabad High Court High Court

VS

SIRAJ-UDDIN and others

Law:

Section:

Service Tribunals Act (LXX of 1973)-------Ss. 2-A & 4---Constitution of Pakistan (1973), Art.212(3)---Appeal before Service Tribunal, filing of---Limitation---Insertion of S.2-A in Service Tribunals Act, 1973---Effect---Matter of the petitioners had been decided by Labour Court and Labour Appellate Tribunal but after the insertion of S.2-A in Service Tribunals Act, 1973, the petitioners were directed by Supreme Court to invoke jurisdiction of Service Tribunal---Appeals filed by the petitioners before Service Tribunal were dismissed being barred by limitation---Validity---Provisions of S.2-A were inserted in Service Tribunals Act, 1973 on 10-6-1997 and thereafter a good number of s were pronounced by Supreme Court settling the controversy between the employer and the employee for invoking jurisdiction of Service Tribunal---In view of the law laid down by Supreme Court in the case titled Federation of Pakistan v. Muhammad Siddiq reported as 1980 SCMR 443, it was incumbent upon the petitioners to have approached the Tribunal within reasonable time---Service Tribunal had rightly refused to give relief to the petitioners considering their appeals were barred by time without offering plausible explanation---Judgment of Service Tribunal was not open to any exception---Leave to appeal was refused. Federation of Pakistan v. Muhammad Siddiq 1980 SCMR 443 rel. Muhammad Ozair Chaughtai, Advocate Supreme Court for Petitioners (in all petitions). Sh. Khizar Hayat, Advocate Supreme Court for Respondents (in all petitions). Date of hearing: 7th July, 2004. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J.--- The petitioner seeks leave to appeal against judgment, dated 14-10-2003, passed by the Federal Service Tribunal, Lahore, (hereinafter referred to. as the Tribunal) whereby appeals filed by the petitioner were dismissed. 2. Precisely stating facts giving rise to the instant petitions are that respondents got relief from the Labour Court after having instituted applications under section 25-A of I.R.O. in respect of pensionary benefits. The petitioners preferred appeals before the Labour Appellate Tribunal, which were accepted on 12-11-1997. Against this order the respondents…
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