Law:

Section:

(a) North-West Frontier Province Service Tribunals Act (I of 1974)--- ----S.5--Constitution of Pakistan (1973), Art.212(3)---Leave to appeal granted by Supreme Court to consider, whether appeal of civil servant before the Tribunal was not maintainable in view of the pendency of departmental appeal before the Departmental Authority wherein statutory period of 90 days had not elapsed; whether Chairman of Service Tribunal could not finally hear and dispose of appeal on merits while sitting alone as the same was violative of the first proviso to S.5(1) of North-West Frontier Province Service Tribunals Act, 1974. (b) Interpretation of statutes--- ---- Proviso to a statute-- -Effect - Statute has to be read as a whole and not in bits and pieces---Function ascribed to a proviso detailed. Following three functions are ascribed to a proviso:-- (1) To exempt something from. the enacting clause; (2) to qualify or restrain its generality; (3) and to exclude some possible misinterpretation of it as extending to cases not intended by Legislature. It is, therefore, duty of the court to reconcile the enacting clause and the proviso and to avoid repugnancy between the two, proviso must be considered with relation to the principal clause to which it is attached---Ordinarily, a proviso is governed by the operative portion of the section. Special Reference No. l of 1957 by the President of Pakistan under Article 162 of the Constitution of the Islamic Republic of Pakistan, 1956 PLD 1957 SC (Pak.) 219; Statutory Construction by Crawford, 1940 Edn., pp. 128, 129; Sh. Liaquat Hussain and others v. Federation of Pakistan through Ministry of Law, Justice and Parliamentary Affairs, Islamabad and others PLD -1999 SC 504; Mst. Nawab Bibi and 3 others v. Ch. Allah Ditta and others 1998 SCMR 2381 and Bindra's Interpretation of Statutes, 7th Edn., pp. 74, 75, 77 ref. (c) North-West Frontier Province Service Tribunals Act (I of 1974)--- ----S.5---Chairman of Service Tribunal---Jurisdiction of---Disposal of appeals by the Chairman alone---Validity---Appeal could be heard at mine stage by the Chairman alone, or the Chairman and one or more members and while hearing such appeals the same tray be…

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