Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------Ss.2-A, 4, 5 & 6---Constitution of Pakistan (1973), Art.212(3)---Supreme Court Rules, 1980, O.XIII, R.1---Employees of Pakistan International Airlines Corporation---Supreme Court granted leave to appeal to consider, whether the appeals filed by the employees before Service Tribunal were not competent for-want of making departmental appeals; whether they were reinstated into service on correct premises, whether they were entitled to back benefits and that the Tribunal was not justified in law in treating the period of their termination as leave without pay---Petitions tiled by the employer were barred by one day, wherein Supreme Court granted leave subject to determination of the question of limitation. (b) Service Tribunals Act (LXX of 1973)--- ----S. 2-A---Object and scope of S.2-A, Service Tribunals Act, 1973--­Section 2-A of Service Tribunals Act, 1973 has extended a right to all the employees of the category falling within its ambit to have a forum of Federal Service Tribunal for redressal of their grievances expeditiously instead of approaching the Civil Courts---Such employees have been treated/declared to be in the service of Pakistan only for said limited purpose, otherwise for all practical purposes, they cannot be treated in the service of Pakistan nor they enjoy rights/obligations available to a civil servant under Civil Servants Act, 1973. (c) Service Tribunals Act (LXX of 1973)--- ----S. 4---Constitution of Pakistan (1973), Art. 212(3)---Appeal---Re­instatement---Back benefits---Service Tribunal. ordered re-instatement of appellants, but treated the period during which they remained out of job as leave without pay---Validity---Employee in order to become entitled to back benefits had to demonstrate before the original forum that during the pendency of appeal, he had not made any earnings by engaging himself into profit oriented activity either by accepting an employment or doing some business---Such prayer necessarily had to be made in the pleadings--­Appellants in the present case had, not mentioned in memo. of appeals filed before Service Tribunal about their engagement in commercial activities…

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