Case Details

Citation(s)
2006 SLG 1761 2006 SLD 1761 2006 PLC 747
Service Tribunal, Sindh
Appeals Nos.132, 241 of 2002 and Appeals Nos.-123, 177 of 2003, decision dated: 10-07-2004.
JUSTICE (RETD.) ABDUL GHANI SHAIKH, CHAIRMAN, YOUSAF ALI MIRZA, MEMBER-1 AND NUR AHMAD SHAH MEMBER-11

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Dr. Mrs. ZEENAT ISMAIL and others

VS

INSTITUTE OF BUSINESS ADMINISTRATION through Director and others Dr. Mrs. ZEENAT ISMAIL and others vs INSTITUTE OF BUSINESS ADMINISTRATION through Director and others

Law:

Section:

Sindh Service Tribunals Act (XV of 1973)-------Ss. 2(a), 2(aa), 3-E & 4---Appeal---Competency---Jurisdiction of Tribunal---Respondent Institute had challenged the very jurisdiction of Tribunal to entertain, hear and decide appeals filed by appellants against their grievances---Plea of respondent Institute was that it was an educational institution, and was not carrying any work in connection with affairs of Province and it was established and set up only for the purpose to confer degrees, besides, Provincial Government did not own or control any share of respondents---Contention was that appellants, in circumstances could not be deemed to be civil servants under S.2(a) of Sindh Service Tribunals Act, 1973 and could not maintain appeals---Validity---Apart from the fact that respondent Institute was established by Provincial enactment, same was being controlled by Provincial Government and its overall administration also lay with Provincial Government---Employees of respondent Institute, in circumstances, would be deemed to be civil servants for the purpose of Sindh Service Tribunals Act, 1973 and matters relating to their terms and conditions of service, were to be decided by Tribunal under provisions of the Sindh Service Tribunals Act, 1973---Tribunal, in circumstances, had jurisdiction to entertain, hear and decide appeals filed by appellants. Munawar Hussain for Appellant (in Appeal No.132 of 2002). Gohar Iqbal for Appellant (in Appeal No.241 of 2002). Arif Riaz for Appellant (in Appeal No.123 of 2003). Abrar Bukhari for Appellant (in Appeal No.177 of 2003). Shahid Jamil for Respondents I.B.A. Manzoor Ali Khan for I.B.A. (in Appeal No.132 of 2002). ORDER In all the above titled four appeals, the actions of the Institute of Business Administation (Commonly known as I.B.A.) have been challenged. 2. M/s Shahid Jamil, learned counsel on behalf of O.B.A. has challenged the very jurisdiction of this Tribunal to entertain, hear and decide these appeals. 3. It has been argued that Respondent I.B.A. is an educational institution not carrying on work in connection with the affairs of the Province and that I,B.A. was established and setup only for the purpose to…
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