Law:

Section:

(a) West Pakistan Water and Power Development Authority Act (XXXI of 1958)---- ----S. 17(1-B)---Service Tribunals Act (LXX of 1973), S. 4---Employees of WAPDA---Status---Jurisdiction of Federal Service Tribunal--Scope--­Employees of WAPDA, under the provisions of S. 17(1-B) of West Pakistan Water and Power Development Authority Act, 1958, are in "Service of Pakistan" ---Such employees are deemed to be civil servants for the purposes of S. 4 of Service Tribunals Act, 1973. WPADA v. Muhammad Ashraf Naeem 1997 SCMR 1128 ref. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)---- ----S. 17(1-B)---Constitution of Pakistan (1973), Art. 212(3)---Compulsory retirement from service---Show-cause notice, non-issuance of---Failure to avail departmental remedy---Civil servants did not avail of the remedy of departmental representation by challenging the action on the ground that they were not afforded opportunity of hearing---Service Tribunal dismissed On appeals for such failure on the part of the civil servants---Validity---Remedy under S. 4 of Service Tribunals Act, 1973, could come to rescue of the civil servants only when the departmental remedy could have been availed--­Provisions of S. 17 (1-A) & (1-B) of West Pakistan Water and Power Development Authority Act, 1958, had not been declared to be against the tenets of Islam and no such effort had been made on behalf of the civil servants to obtain such directions from Federal Shariat Court under Part VII, Chap. 3-A of the Constitution---Supreme Court declined to interfere with the order passed by the Service Tribunal---Leave to appeal was refused. Gulbat Khan v. WAPDA 1992 SCMR 1789 rel. Mrs. Anisa Rehman v. PIAC 1994 SCMR 2232; Jan Muhammad v. The General Manager, Karachi Telecommunication Region, Karachi 1993 SCMR 1440; WAPDA v. Sikandar Ali Abro 1998 SCMR 137; Federation of Pakistan v. Sheikh Abdul Aziz 1998 SCMR 91; Basharat Ali v. Director, Excise and Taxation, Lahore 1997 SCMR 1543; WAPDA v. Liaquat Ali 1998 SCMR 234; Aleem Jaffar v. WAPDA 1998 SCMR 1445; Muhammad Munir Khan v. Azad Government of the State of Jammu and Kashmir through Chief Secretary, Muzaffarabad 1996 PLC (C.S.) 437…

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