Law:

Section:

Service Tribunals Act (LXX of 1973)-------Ss. 2-A & 4---Securities and Exchange Ordinance (XVII of 1969), Ss. 3, 4, 5, 34 & 35---Constitution of Pakistan (1973), Arts. 199 & 212---Constitutional petition---Termination of service---Civil servant, determination of---Services of petitioners employed as Clerks in Stock Exchange, having been terminated, they filed grievance petition in Labour Court for redress of their grievances, which were allowed by Labour Court and petitioners were directed to be reinstated with back ­benefits---On filing appeal by the Employer against of Labour Court, Labour Appellate Tribunal set aside of Labour Court holding grievance petitions filed by petitioners before Labour Court were not maintainable as petitioners were civil servants in terms of S.2-A of Service Tribunals Act, 1973 and that only Service Tribunal had exclusive jurisdiction to adjudicate matters concerning their terms and conditions of service---Validity---Under provisions of S.2-A of Service Tribunals Act, 1973 only employees of a Corporation established by Federal Government or owned or controlled by it could be treated as civil servants---Stock Exchange or for that matter even Exchange formed and registered under Securities and Exchange Order could not be treated as a Corporation so established---Stock Exchange was not owned by Federal Government and expression "controlled" could not extend to each and every type of control---Service Tribunals Act, 1973 was a law enacted under Art.212 of the Constitution and though Parliament was competent to declare a person to be in service of Pakistan, such person must perform an element of public duty---How a Clerk of a private Stock Exchange could be deemed to be performing such public service---High Court allowed Constitutional petition and in view of enactment of Industrial Relations Ordinance, 2002, directed that appeal be placed before Single Judge of High Court for a decision in accordance with law. Syed Shoa-un-Nabi for Petitioners. Muhammad Farooq Ghani for Respondent No2. Date of hearing: 7th February, 2005. ORDER Both the learned counsel appeared to be ready to finally argue this matter and therefore we…

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