ORDER M.A. AZIZ MEMBER - This order will dispose of the titled appeals filed by the appellants in the light of the recent judgment of the Hon'ble Supreme Court of Pakistan in the case of Abu Hurayrah Vs. Zarai Taraqiati Bank Limited, decided vide judgment dated 6.10.2010 passed in G.P. No. 1122/2010, as all these appeals have common question of law regarding jurisdiction of this Tribunal.
2. Abu Hurayrah was employee of Zarai Taraqiati Bank Limited. The controversy with regard to his status as a civil servant was resolved by the Hon'ble Supreme Court of Pakistan in the above judgment, which is reproduced as under:- "In compliance with the order of this Court dated 3.9.2010 passed in the light of the impugned judgment, the learned ASC for the respondent-Bank states that the issue was reconsidered and the claim of the petitioner has been rejected. Photostat copy of the same has been placed on record. Copy of resolution of the issue as decided by the Bank be supplied to the petitioner. The petitioner Undisputedly is not a civil servant and in the service of Pakistan, therefore, in view of the law laid down by this Court in the case of Pakistan Telecommunication Company Limited through General Manager and another \/s. Muhammad Zahid and 29 others (2010 SCM R 253), Executive Council, Alama Iqbal Open University, Islamabad through Chairman and another v. M. Tufail Hashmi (2010 SCM R 1484) and Pakistan International! Airlines Corporation and others Vs. Tanweer- ur-Rehman's and others (PLD 2010 SC 676), the impugned judgment passed by the Federal Service Tribunal being coram-non-judice and without jurisdiction deserves to be set aside, hence, this civil petition is converted into appeal and is allowed. The impugned judgment is set aside. The appellant may seek his remedy as may be admissible to him under the law functus officio for the redressal of his grievance. There shall be no order as to costs."
3. Since the status of the appellant (Abu Hurayrah) has been decided by the apex Court, therefore, the other employees i.e. Appellants are at par with him, cannot be declared as civil servant. This Tribunal is, therefore, not competent to entertain the present appeals, It cannot give any other finding contrary with regard to the status of the appellants in view of Article 189 of the Court, as judgments of the Hon'ble Supreme Court of Pakistan are binding on all the Courts.
4. The appeals are accordingly dismissed as incompetent for want of jurisdiction. The appellants may, if so advised, seek remedy in the appropriate forum.
5. No order as to costs. Parties be informed accordingly.