Law:

Section:

Service Tribunals Act (LXX of 1973) Ss.2A & 6Limitation Act (IX of 1908), S. 5Constitution of Pakistan (1973), Art. 212(3)Appeal to Service Tribunal LimitationCondonation of delayEmployee of Cotton CorporationTermination of service was challenged by a civil suitAbatement of suit-Filing of departmental appeal after abatement of the suit or proceedings under the provisions bf S.6 of Service Tribunals Act, 1973During the pendency of the suit, S.2A was added to Service Tribunals Act, 1973, and the proceedings before Civil Court were abatedEmployee filed appeal before the Authorities and after the rejection of the same, appeal to Service Tribunal was filedAppeal to Service Tribunal was delayed by nine months but the delay was condoned by Service Tribunal on the ground that the period was consumed in filing departmental appealEmployee was reinstated in service by Service TribunalContention by the Cotton Corporation was that there was no statutory requirement for filing of departmental appeal in a case where the suit had abated and that on account of introduction of S. 2A in Service Tribunals Act, 1973, right of filing of appeal before the Tribunal was available but the same was filed with inordinate delay and the condonation of delay was not in accordance with lawValidityLeave to appeal was granted by Supreme Court to consider the contention by the employer Corporation. ORDER RASHID AZIZ KHAN, J. Facts in brief, leading to the filing of this petition, are that -Respondent F.G. Alvi was an employee of the -PetitionerCorporation as Zonal Manager, Nawabshah. On account of certain allegations, his services were dispensed with on 1031993. -Respondent filed a suit challenging order of the authorities which remained pending for some time, thereafter, on 2881997, the learned Civil Judge passed an order that after the introduction of section 2A in Civil Service Tribunals Act, 1973, the suit had abated. -Respondent, thereafter, filed a departmental appeal and ultimately approached the Federal Service Tribunal which vide, its judgment dated 1972000 allowed his appeal and reinstated him in service. In the instant case, judgment of the Service Tribunal has been impugned. 2.…

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