| Citation(s) |
|---|
| 2006 SLG 2481 2006 SLD 2481 2006 SCMR 593 |
Supreme Court of Pakistan
C.Ps. Nos.622 and 623-K of 2004, heard on 22-11-2005
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. AND M. JAVED BUTTER, J
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C.Ps. Nos.622 and 623-K of 2004, heard on 22-11-2005
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. AND M. JAVED BUTTER, J
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Prof. MUHAMMAD WALI KHAN
VS
HAMDARD UNIVERSITY and others
Law:
Section:
Sindh Service Tribunals Act (XV of 1973)-------Ss. 2-A & 4---Constitution of Pakistan (1973), Art.212(3)---Civil Servant---Definition---Petitioner had contended that he being in employment of a private university, was a civil servant for the purpose of Sindh Service Tribunals Act, 1973 as according to its provisions an employee of an organization, which fell within the definition of Corporation, would be deemed to be a civil servant---Contention of petitioner was repelled because the university was a private university and by no stretch of imagination it could be considered a Corporation---Employees of such university, in circumstances, did not fall within the definition of civil servant---Tribunal, in circumstances, had rightly declined to grant relief to petitioner. University of Balochistan through Registrar v. Saeed Muhammad Khan and-others 1986 SCMR 1063 ref. Sheikh F.M. Javaid, Advocate Supreme Court and Ahmadullah Faruqi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 22nd November, 2005. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---This petition has been filed for leave to appeal against the judgment dated 25-7-2005. Relevant para. therefrom is reproduced hereinbelow:-- "For the aforesaid reasons and the case-law, we are of the firm view that the intention of the Legislature as it appears from the whole scheme of the Sindh Service Tribunals Act, 1973 is clear that only the employees of the Corporation/institution which are being controlled by the Government or the Government has any interests/share in them, have been provided forum to approach this Tribunal for redress of the grievances touching the term and conditions of their service and have been declared as civil servants only for the purpose of filing appeal before this Tribunal." 2. Learned counsel stated that the petitioner, being in the employment of the Hamdard University, is civil servant for the purposes of Sindh Service Tribunal Act, 1973 as according to its provisions an employee of an organization, which falls within the definition of corporation, shall be deemed to be a civil servant. 3. We are not inclined to agree with him because firstly the Hamdard…
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