Case Details

Citation(s)
2006 SLG 1675 2006 SLD 1675 2006 PLC 437
Federal Service Tribunal, Islamabad
Appeal No.218 of 2002, decision dated: 25-07-2005.
JUSTICE (RETD.) ABDUL GHANI SHAIKH, CHAIRMAN AND MUHAMMAD AYUB SHAIKH, MEMBER

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Prof. MUHAMMAD WALI KHAN

VS

HAMDARD UNIVERSITY and others Prof. MUHAMMAD WALI KHAN vs HAMDARD UNIVERSITY and others

Law:

Section:

(a) Hamdard University Karachi Act (VI of 1992)-------Ss. 3, 5 & 7---Hamdard University, status of ---Hamdard University though was established by a Provincial enactment i.e. Hamdard University Karachi Act, 1992, but it was absolutely a private institution having no control, share or interest of Government, except that Govern of Sindh, would be the Patron of the University---None of its employee; was a member of civil service of Province nor service of said University had ever been declared to be the service of the Province--Fact that Hamdard University was a Private Institution, further found support from Sindh Private Educational Institution, (Regulation & Control) Ordinance, 2001 wherein it had specifically been mentioned that Hamdard University, etc. were Private Universities. (b) Sindh Service Tribunals Act (XV of 1973)--- ---Ss. 2(aa), 3-E [As inserted by Sindh Service Tribunals (Amendment Act (XXXI of 1994)], 'S.4---"Corporation" and "employees of Corporation"-Definition and status---Definition of term "Corporation" referred to those Corporations/Institutions which were owned or controlled by Government and not privately managed Corporations/Institutions although established/set up by the Provincial enactment---Scheme of Sindh Service Tribunals Act, 1973 and conjunctive reading of S.2(aa) &.3-E of said Act, would show that intention of Legislature was to provide forum to employees of Corporations/Institutions set up or established by Provincial enactment, owned or controlled by Provincial Government and not employees of privately managed Corporation/Institution---Sindh Service Tribunals Act, 1973, was enacted to provide forum to civil servants of the Province for redressal of their grievance concerning terms and conditions of their service---Intention of Legislature as appeared from whole scheme of Sindh Service Tribunals Act, 1973 was clear that only employees of Corporations/Institutions which were being controlled by Government or the Government had any interest/share in them, had been provided forum to approach said Tribunal for redressal of grievances touching the terms and conditions of their service and had been declared as civil…
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