Law:

Section:

Service Tribunals Act (LXX of 1973)-------Ss.2-A & 6---Limitation Act (IX of 1908), S. 5---Constitution of Pakistan (1973), Art. 212(3)---Appeal to Service Tribunal ---Limitation---Condonation of delay---Employee of Cotton Corporation---Termination of service was challenged by a civil suit---Abatement of suit---Filing of departmental appeal after abatement of the suit or proceedings under the provisions of S.6 of Service Tribunals Act, 1973---During the pendency of the suit, S.2-A was added to Service Tribunals Act, 1973, and the proceedings before Civil Court were abated---Employee filed appeal before the Authorities and after the rejection of the same, appeal to Service Tribunal was filed---Appeal to Service Tribunal was delayed by nine months but the delay was condoned by Service Tribunal on the ground that the period was consumed in filing departmental appeal---Employee was reinstated in service by Service Tribunal---Contention by the Cotton Corporation was that there was no statutory requirement for filing of departmental appeal in a case where the suit had abated and that on account of introduction of S. 2-A in Service Tribunals Act, 1973, right of filing of appeal before the Tribunal was available but the same was filed with inordinate delay and the condonation of delay was not in accordance with law---Validity---Leave to appeal was granted by Supreme Court to consider the contention by the employer Corporation. M.L. Shahani, Advocate Supreme Court and K.A Wahab, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 1st December, 2000 ORDER RASHID AZIZ KHAN, J.---Facts in brief, leading to the filing of this petition, are that respondent F.G. Alvi was an employee of the petitioner-Corporation as Zonal Manager, Nawabshah. On account of certain allegations, his services were dispensed with on 10-3-1993. Respondent filed a suit challenging order of the authorities which remained pending for some time, thereafter, on 28-8-1997, the learned Civil Judge passed an order that after the introduction of section 2-A in Civil Service Tribunals Act, 1973, the suit had abated. Respondent, thereafter, filed a departmental appeal and ultimately…

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