| Citation(s) |
|---|
| 2002 SLG 1825 2002 SLD 1825 2002 PLC 809 |
Sindh High Court
High Court Appeal No. 129 of 2000 and Civil Miecellaneous Application No. 2355 of 2001, decision dated: 8-02-2002.
SYED SAEED ASHHAD AND MUSHIR ALAM, JJ
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High Court Appeal No. 129 of 2000 and Civil Miecellaneous Application No. 2355 of 2001, decision dated: 8-02-2002.
SYED SAEED ASHHAD AND MUSHIR ALAM, JJ
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M. SAEEDULLAH SHAIKH
VS
GOVERNMENT OF PAKISTAN MINISTRY OF PRODUCTION, ISLAMABAD through Secretary and 4 others
Law:
Section:
Service Tribunals Act (LXX of 1973)---------S. 2-A---Intra-Court Appeal---Abatement of civil suit---Plaintiff assailed his termination from service in civil suit on the ground that he was employee of a private corporation---Judge in Chamber treated the plaintiff as a civil servant and the suit was abated---Contention of the plaintiff was that he was not a civil servant, hence the suit was wrongly abated---Validity---By ordering abatement of the suit the Judge in Chambers had committed no illegality which had resulted in his deprivation from seeking the rightful and legal relief available to him---By such order the suit of the plaintiff had not been adversely affected and he, in case it was established that he was not a civil servant, would be entitled to claim the relief from the private defendants ---Intra-Court Appeal was dismissed in circumstances. Appellant in person. Syed Zaki Muhammad, Dy. A.-G. for Respondent No. 1 Khalid Javed for Respondent No.3. S.M. Yaqoob for Respondents Nos.4 and 5. ORDER This appeal has been filed against an order dated 21-2-2000, whereby a learned tingle Judge of this Court ordered abatement of suit against defendants Nos.1 and 2, who are respondents Nos.1 and 2 in the appeal. It has been pointed out that there is a mistake in the order and actually suit was to abate against defendants Nos.1, 2 and 3, who are respondents Nos. 1, 2 and 3 in the appeal. The grievance of the appellant is that by the aforesaid order he has been deprived from seeking relief of compensation and damages for wrongful dismissal against respondents Nos. 1, 2 and 3. The appellant is not clear as to whether he is a civil servant or an employee of a private organization. In case by virtue of the provisions of section 2-A of the Service Tribunal Act, he is a civil servant, then he would be competent to seek relief from the Service Tribunal, where, his service…
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