Law:

Section:

(a) Service Tribunals Act (LXX of 1973)--- ----Ss. 6 & 2-A---Abatement of proceedings pending in other forums--­Scope---Insertion of S.2-A in the Service Tribunals Act, 1973 while the matter of the employee was pending before the High Court in its Constitutional jurisdiction---Effect---Provision of S.6, Service Tribunals Act, 1973 operated to abate all suits, appeals or applications pending in any Court while the proviso to the said section laid down in clear words that any party to such a suit, appeal or application, within ninety days of the establishment of appropriate Tribunal would prefer an appeal to such Tribunal---Words "establishment of the appropriate Tribunal" in said S.6 clearly meant that whenever any Tribunal was established for any person or class of persons, they had to resort to such Tribunal within the period prescribed in the section itself---Abatement provided by the law itself was automatic and it had to take effect from the very date (10-6-1997) when through insertion of S.2-A in the Service Tribunals Act, 1973 the change of forum took place---Whenever the abatement was automatic. no party to litigation before any forum other than the newly created one, was supposed to wait for the final, decision or any instruction by the forum where the cause was already pending---Employee; in the present case, who had filed a Constitutional petition before the High Court, without waiting for the decision of the High Court or any instruction therefrom ought to have resorted to the Service Tribunal---By insertion of S.2-A in the Service Tribunals Act, 1973, the Service Tribunal got established for the employee, in the present case, with effect from 10-6-1997 and it was incumbent upon the employee to have had resorted to the Service Tribunal on or before 10-9-1997 whereas, he filed appeal before the Service Tribunal on 24-6-1999 which .was, of course time barred. Federation of Pakistan v. Muhammad Siddiq PLD 1981 SC 249 and The Chairman, P.I.A.C. v. Nasim Malik PLD 1990 SC 951 ref. (b) Service Tribunals Act (LXX of 1973)--- ----Ss.2-A & 4---Time-barred appeal to Service Tribunal---Condonation of delay---Employee had contended that Service Tribunal…

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