| Citation(s) |
|---|
| 2002 SLG 1887 2002 SLD 1887 2002 PLC 1050 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos.840-K and 841-K of 2001, decision dated: 30-11-2001. (On appeal from the judgment dated 1-8-2001 passed by the Federal Service Tribunal, Camp at Karachi in Appeal Nos.739 and 740(K)(CE) of 2000).
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
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Civil Petitions for Leave to Appeal Nos.840-K and 841-K of 2001, decision dated: 30-11-2001. (On appeal from the judgment dated 1-8-2001 passed by the Federal Service Tribunal, Camp at Karachi in Appeal Nos.739 and 740(K)(CE) of 2000).
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
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PAKISTAN STEEL MILLS CORPORATION
VS
MUHAMMAD AZAM KATPER and others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)-------Preamble & S.4---Service Tribunal has exclusive jurisdiction in respect of matters relating to terms and conditions including disciplinary proceeding against civil servants. (b) Interpretation of statutes-- ---- Retrospectivity of legislation---Scope---Legislation concerning procedural matters would operate retrospectively---Legislation not concerning mere procedure, but more than a matter of procedure and touching a right in existence at the time of its passing would not operate retrospectively unless Legislature either by express enactment or by necessary intendment gave such legislation retrospective effect---Dispute having become past and closed transaction creating a right in one's favour could not be taken away by giving retrospective operation to the amended statutory provision. Commissioner of Income-tax, Karachi v. Eastern Federal Union Insurance Co. PLD 1982 SC 247; Kumir Mondal and others v. Paramatha Nath Chowdhury and others PLD 1963 Dacca 886; Mian Rafi-ud-Din and others v. The Chief Settlement and Rehabilitation Commissioner PLD 1971 SC 252; Hassan and others v. Fancy Foundation PLD 1975 SC 1; Pir Bakhsh and another v. The State PLD 1965 (W.P.) Lah. 308; Sakhi Muhammad v. Wajid Ali and others PLD 1964 (W.P.) Lah. 426; Nagina Silk Mill, Lyallpur v. The Income-tax Officer and another PLD 1963 SC 322; Commissioner of Income Tax (West), Karachi v. Messrs Kruddsons Ltd. PLD 1974 SC 180; Adrian Afzal v. Capt. Sher Afzal PLD 1969 SC 187; Central Exchange Bank v. Ch. Dilawar Ali Khan and others PLD 1965 (W.P.) Lah. 628; State v. Manlvi Muhammad Jamil and others PLD 1965 SC 681; Works Cooperative Housing Society and another v The Karachi Development Authority PLD 1969 SC 430; Indraj Singh and others v. Smt. Savitri Kunwar AIR 1966 All. 234; Maxwell on Interpretation of Statutes, 1962 Edns. pp.217, 219; AIR 1950 East Punj. 25; AIR 1942 Mad. 262; AIR 1944 All. 15 and Lemn v. Mitchell LR 1912 AC 400 ref. (c) Service Tribunals Act (LXX of 1973)--- ----S.2-A--Object and scope of S.2-A of Service Tribunals Act, 1973 and its effect on vested rights/past and closed transactions---Employees of a Corporation on…
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