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2009 PLC 3

SUI SOUTHERN GAS COMPANY LIMITED through Managing Director vs DEEDAR

Citation2009 PLC 3
CourtSindh High Court
Case No.Labour Revision Applications Nos.1 to 25 and 26 to 40 of 2008
Date2008-09-19
Judge(s)Arshad Noor Khan
ResultCase remanded

ORDER

1. ' ARSHAD NOOK KHAN, J.--- Mr. Muhammad Suleman Dahri, Advocate has filed power on behalf of respondent in L.R.A. No,30 of 2008 and Miss Nasim Abbasi, Advocate has also filed power on behalf of respondent in L.R.A. No,31 of 2008, which are taken on record.

2. ' By this order, I intend to dispose of Labour Revision Applications Nos.1 to 25 of 2008 and Labour Revision Applications Nos.26 to 40 of 2008, as identical point of law is involved in all these applications.

3. ' The facts leading rise to the present revision applications are that the respondents are employees of Sui. Southern Gas Company Limited on different posts, who allegedly were appointed on temporary basis and their services were subsequently terminated by the appellants. The respondents being aggrieved against the termination of their services, filed separate appeals before the Federal Service Tribunal, Karachi which were pending adjudication meanwhile the judgment in the case of Muhammad Mubeen-ul-Salam v. Federation of Pakistan pronounced by Honourable Supreme Court of Pakistan was reported in PLD 2006 SC 602, whereby after interpreting the Rules of various departments, it was observed that certain appeals pending before the Federal Service Tribunal were abated. Consequent upon, the aforesaid case of Muhammad Mubeen-ul- Salam, Assistant Registrar of Federal Service Tribunal by his letter, dated 30th June, 2006 informed to the respondents separately that their appeals stood abated and they were advised to pursue their remedies before the competent forum. In pursuance of the said order of the Assistant Registrar, Federal Service Tribunal, the respondent approached to the Labour Court and presented their grievances and their cases were accepted by the Labour Court. Meanwhile, the order of Assistant Registrar, Federal Service Tribunal, Karachi was challenged before the Honourable Supreme Court of Pakistan and the Honourable Supreme Court of Pakistan had clarified the point by observing that the order passed by Assistant Registrar could not be considered as judicial order and the Service Tribunal after providing an opportunity to the parties, may pass the appropriate order and such appeals would be deemed to be pending before it. The said observation made by the Honourable Supreme Court of Pakistan in the case of Raja Riaz v. Chairman, Pakistan Space and Upper Atmosphere Research Commission, Karachi reported in 2008 SCM R 402, are usefully quoted hereinbelow for the sake of convenience:-- "Learned counsel for the respondent, when confronted with the argument put forward by the petitioner's counsel, contended that as appeals have abated, therefore, Chairman had passed a general order directing the Registrar to inform the appellants accordingly. Therefore, his appeal has been disposed of accordingly.

4. We are not inclined to agree with the submission of learned counsel for the respondent because separate order is required to be passed in every case by the Service Tribunal after providing opportunity to the parties keeping in view the observations made by this Court in the judgment relied upon.

5. ' Thus, for the foregoing reasons, notice of information that appeals have abated cannot be considered as judicial order. As such it would be deemed that appeal of appellant is pending on the file of FST and is required to be disposed of."

6. ' The dictum laid down by the Honourable Supreme Court of Pakistan clearly shows that the order passed by Registrar Federal Service Tribunal could not be considered as judicial order and the Presiding Officer of the Federal Service Tribunal will scrutinize each and every case after affording an opportunity of being heard to the parties and such appeals would be deemed to be pending before it.

7. ' In view of the case of Raja Riaz, (supra) the revision applications are admitted and allowed and the order passed by Labour Court are set aside and the appeals filed by respondents before the Federal Service Tribunal shall be deemed to be pending and the learned Federal Service Tribunal will adjudicate upon as to whether the appeals pending before it are abated or not after hearing of the learned counsel for the parties. The parties are left to bear their own costs.

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