| Citation(s) |
|---|
| 2008 SLG 1297 2008 SLD 1297 2008 PLC 734 |
Federal Service Tribunal, Islamabad
Miscellaneous Petitions Nos.278, 279, 330, 331, 332 and 333 of 2006 in Appeals Nos.536(K)(C.E) of 2005, 3(K)(C.S.), 83(K)(C.E.), 84(K)(C.E.), 238(K)(C.E.) and 239(K)(C.E.) of 2006, decided on 25th September, 2006.
QAZI MUHAMMAD HUSSAIN SIDDIQUI AND RASHID ALI MIRZA, MEMBERS
Mahmud Alam for Petitioners/Appellants. Shahid Anwar Bajwa for
Respondents.
Miscellaneous Petitions Nos.278, 279, 330, 331, 332 and 333 of 2006 in Appeals Nos.536(K)(C.E) of 2005, 3(K)(C.S.), 83(K)(C.E.), 84(K)(C.E.), 238(K)(C.E.) and 239(K)(C.E.) of 2006, decided on 25th September, 2006.
QAZI MUHAMMAD HUSSAIN SIDDIQUI AND RASHID ALI MIRZA, MEMBERS
Mahmud Alam for Petitioners/Appellants. Shahid Anwar Bajwa for
Respondents.
ZAFAR AHMED
VS
PAKISTAN INTERNATIONAL AIRLINES CORPORATION and another
Law: Service Tribunals Act, 1973
Section: 2-A,4
Law: Civil Servants Act, 1973
Section: 2(1)(b)
Service Tribunals Act (LXX of 1973)--- ----Ss.2-A 4--Civil Servants Act (LXXI of 1973), S.2(1)(b)---Pakistan International Airlines Corporation (Suspension of Trade Unions and Existing Agreements) Order (6 of 2001), Art.4---Removal from Service (Special Powers) Ordinance (XVII of 2000), Ss.3 10--Appeal to Service Tribunal--Abatement of appeal---Petition against abatement---Petitioners were employees of Pakistan International Airlines Corporation---Petitioners were six in number and four out of them were compulsorily retired from service and two were dismissed from service---Petitioners filed appeals before Service Tribunal under Ss.2-A 4 of Service Tribunals Act, 1973 for setting aside impugned orders and reinstating them in service---Said appeals were admitted for hearing, but in view of of Supreme Court dated 27-6-2006 reported in PLD 2006 SC 602, said appeals abated and petitioners had filed petitions against said abatement---Supreme Court in its said had clearly held that an employee of a commercial organization like P.I.A.C., having no Statutory Rules, was not a civil servant as defined under S.2(1)(b) of Civil Servants Act, 1973---Petitioners being employees of P.I.A.C. which was a commercial organization having no Statutory Rules of their service, had been barred from knocking at the doors of the Service Tribunal for remedy and their pending cases could not be disposed of by Service Tribunals for want of Statutory Rules of Service and appeals had thus, abated---Appeal under S.10 of Removal from Service (Special Powers) Ordinance, 2000 had also been filed by petitioners in their capacity as civil servants under S.2-A of Service Tribunals Act, 1973, but their such position having been done away with, they could not approach the Service Tribunal for remedy---Counsel for Corporation had rightly stated that the door of the Service Tribunal closed by the Supreme Court under provisions of Arts.240 260 of Constitution, could not be re-opened by a subordinate legislation like Removal from Service (Special Powers) Ordinance, 2000---Request of petitioners to continue with the proceedings of their appeals on merits could not be granted---Appeals having…
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