KHADIM HUSSAIN TUNIO, J. - Since the common question of law is, involved, hence this single order shall dispose of Applications and Legal Objections raised on behalf of the Respondent/Employers regarding maintainability of these Applications, mainly on the ground that in absence of Judicial Order by the Federal Services Tribunal, the order dated 30.6.2006 passed under the signature of the Assistant/Deputy Registrar of the Tribunal is not a Judicial Order in the light of the Judgment pronounced by the Honourable Supreme Court of Pakistan on 27.6.2006 in Mubin-us-Salam's case reported in PLD 2006 (S.C.) 602.
2. The Respondents/Employers in all the above- mentioned cases produced copy of the Judgment pronounced by the Honourable Supreme Court of Pakistan in Raja Riaz's case (SBLR 2008 (S.C.) 40 by moving separate Applications as well as raising Legal Objections that since in the above-noted cases a separate order for abatement of the Appeals was not passed by the Tribunal itself but only the Assistant/Deputy Registrar of the Tribunal has informed the parties regarding abatement of their Appeals, therefore, the same shall be deemed to be pending, thus the Grievance Petitions are not maintainable before this Court and the same are liable to be dismissed.
3. In some of the cases, from the side of the applicants/employees they filed objections and in some cases, they straightaway argued out the Applications and Legal Objections.
4. I have been addressed by the learned counsels for the parties and have gone through the relevant case-law produced by them.
5. It is contended behalf of the Respondents/Employers that the information conveyed by the Assistant/Deputy Registrar of the Federal Services Tribunal that Appeals have abated is not a Judicial Order and Appeals shall be deemed to be pending in the absence of a Judicial Order, It is also contended that the Federal Services Tribunal has to pass a separate judicial order in each and every case considering the factual and legal aspects of the matter, In support of their contentions, the learned counsel for the Respondents/Employees Have placed reliance on Raja Riaz v.
Chairman, SUPARCO (SBLR 2008 (S.C.) 40) and unreported Decisions of various Division Benches of the Honourable High Court of Sindh, Karachi.
6. Conversely, the learned counsel for the Applicants/Employees argued that during the pendency of the Appeals, Section 2-A of the Services Tribunal Act was declared to be partially ultra vires, In the result thereof, the Appeals pending before the Federal Services Tribunal were abated and parties were allowed to approach the proper forum within a period of 90 days as allowed by the Honourable Supreme Court of Pakistan in Mubin-us-Salam's case (PLD 2006 (S.C.) 602) therefore the Gnevance Petitions since are maintainable before this Court as the appeals have automatically abated and there is no necessity for passing any separate/specific order of abatement in each case. They have referred case-laws reported in PLD 1983 (S.C.) 385, 1975, SCMR 259, 1985 SCMR 333 & 890, 1991 SCMR 1841, 1997 SCMR 1167, PLD 2006 (S.C.) 602 and PLD 2006 (S.C.)
821).
7. I have given due consideration to the submissions/arguments advanced by the learned counsel for the parties and perused the record and find that the submission made on behalf of the Respondents/Employers are not without force and the same have been elaborately discussed in the Judgment of Honourable Supreme Court of Pakistan in Raja Riaz's Case, In like nature cases the Honourable High Court of Sindh has also given its Decision by holding that such type of abatement is not automatic and that the order of abatement be a proper judicial order, in unreported cases of C.P. No. D-1538/2006 (M. Aslam v. PIDC), C.P. No. D-1644/2006 (Abdu Nafeez v. Federation of Pakistan & others), C.P. No. D-1848/2006 (Haji Muhammad Tunio v. The secretary Ministry of Production and others), C. P. No. D-1689/2006 (Syed Muhammad Ali v. HBFC & others), C.P. No.'D- 516/2007 (Mubarak Ali Rajput v. The Chairman, Pakistan Steel and another). The case-law referred by the learned counsel for the Applicants/Employees, has been fully taken into consideration by the Honourable Supreme Court while deciding the case of Raja Riaz and the Honourable High Court of Sindh, Karachi, has also given its verdict that abatement is not .Automatic. I respectfully placing reliance and following the Judgment in Raja Riaz case and unreported cases of Honourable/Employees, am of the considered view that the order passed by the Assistant/Deputy Registrar of the Federal .Services Tribunal, treating the above Appeal abated, 'is not legal and proper, It is therefore, ordered that the Grievance Petitions he returned to the Applicants/Employees so as to approach the proper forum for getting a Judicial Order of abatement of their Appeals and thereafter the Applicants/Employees may seek their remedy, if permissible under the law. The Applicants for dismissal of main Grievance Petitions and Legal Objections, are disposed of in above terms, with no orders as to cost.
Announced in open Court, this 30th day of May, 2008.