SAYED MEHAR HUSSAIN SHAH, MEMBER - This appeal is directed against the order dated 14.11.2006 whereby designation of the appellant, who was Telephone Operator, was changed to UDC. She, after preferring the departmental appeal, approached this Tribunal on 22.3.2006 by filing the instant appeal.
2. Learned counsel for the appellant argued that the appellant is a civil servant as she opted the old Rules of Export Promotion Bureau under cover of Section 37 of the Trade Development Authority Pakistan Ordinance, 2006 on 25.4.2007, which was not adopted by the appellant through application dated 2.5.2007, as such, the appellant shall be governed by the Government laws.
3. Learned counsel for the respondents pointed out that the appeal is not maintainable, as the appellant is an employee of the Trade Development Authority of Pakistan (TDAP), which does not have statutory rules and; therefore, this Tribunal has no jurisdiction to entertain, hear and decide this appeal. He urged that the point of jurisdiction be decided first before proceeding further with the merit of this appeal.
4. Since the point of jurisdiction is the crucial one and without jurisdiction, we cannot touch the merits of the case. We feel that the Tribunal, having no jurisdiction, has no power to entertain the instant appeal, in view of the judgment of the Hon'ble Supreme Court in the case of Muhammad Idrees Vs. Agricultural Development Bank of Pakistan and others, reported in PLD 2007 SC 681 as the EBP and its successor body i.e. TDAP are non-statutory bodies. Appeal, therefore, stands dismissed.
The appellant, if so desired, may approach proper forum for seeking redressal of her grievance.
5. Parties be informed accordingly.