Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)------Ss.22-A(8)(g)(9) & 15(1)(c)(d)---Service Tribunals Act (LXX of 1973), Ss.2A, 4 & 6---Constitution of Pakistan (1973), Art. 212---Orders of transfer and reversion of employees of National Savings Organization---National Industrial Relations Commission admitted petition filed by employees for regular hearing and granted interim relief---Validity---Employees of National Savings Organization were civil servants---Industrial Relations Commission had no jurisdiction on account of bar of Art. 212 of the Constitution---Order of Commission was declared to be without lawful authority. Faqir Muhammad v. The Director of National Savings, Multan Region, Multan PLD 1992 SC 127; Sindh Employees' Social Security Institution v. Dr. Mumtaz Ali Taj and another PLD 1975 SC 450 and Writ Petition No.6135 of 2000 and Writ Petition No.8517 of 2000 rel. (b) Service Tribunals Act (LXX of 1973)--- ----Ss.3(7) & 4---Appeal, right of---Scope---Provisions of S.4(1) of the Act only limited to appeals in cases of imposition of penalties on civil servant--­Section 4(2) of the Act cannot be read as an exception to S.4(1) of the Act--­According to S.4(1), an order in respect of any terms and conditions of service of civil servant is appealable and only exceptions are provided in provisos (a), (b) & (c) to S.4(1) of the Act---Expression "in any other case" in S.4(2) of the Act refers to penalty other than a major penalty and not all cases relating to terms and conditions of civil, servant---Intention of law is not that in respect of other terms and, conditions, only Tribunal constituted under S.3(7) of the Act would be competent to hear appeals. Government of Balochistan, through Secretary; Communication and Works Department, Quetta and 2 others v. Shabbir Ahmad and another 1990 SCMR 1233 and C. As. Nos. 148, 160, 161 of 1990 ref. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss.22-A(8)(g)(9) & 15(1)(c)(d)---Civil Procedure Code (V of 1908), OXXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), S.56(d)--­Constitution of Pakistan (1973), Art. 199---Constitutional petition---Petition against transfer order…

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