Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------Ss. 2-A & 6---Appeal before Service Tribunal after abatement of writ petition due to insertion of S.2-A in Service Tribunals Act. 1973---Appeal filed on 12-5-1999 was dismissed by Tribunal on the ground that S.6 of Service Tribunals Act, 1973 was operative from 26-9-1973 for a period of 90 days, which thereafter having become inoperative would not be applicable to such appeal---Validity---Section 6 of Service Tribunals Act, 1973 had never become inoperative---Whenever any enactment constituted a forum of appeal in the form of Tribunal for some category of employees, Tribunal stood established for such purpose, thus, under proviso to S.6 of Service Tribunals Act, 1973, establishment of Tribunal became operative and so the provisions of S.6 thereof---By insertion of S.2-A in Service Tribunals Act, 1973, Tribunal stood established for all such employees, the description of whom was given therein---Impugned , held, was not in accordance with law. (b) Service Tribunals Act (LXX of 1973)--- ----S. 6---Constitution of Pakistan (1973), Art.199---Abatement of Constitutional petition before High Court after establishment of Service Tribunal---Validity---Causes which abated before any other forum would be suits, appeals or applications---Constitutional petition would never abate as same could not be equated with suits, appeals and applications---Reasons stated. Section 6 of Service Tribunals Act, 1973 specifically lays down that upon the establishment of the Tribunal, the causes that abate before any other forum would be the suits, appeals or applications. In the present case, the cause which was held to have abated, was a writ petition and not a suit, appeal or application. Under section 6 of Service Tribunals Act, 1973, the writ petitions were never supposed to have abated. The obvious reason is that a writ petition is never provided either under Service Laws or Labour Laws, which both extensively provide for the entire hierarchies of their own. Writ jurisdiction is an independent and extraordinary Constitutional jurisdiction of the High Court and cannot be equated with applications, appeals or suits as described by…

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