1. ' Through this civil petition leave to appeal is sought against the judgment dated 16-3-2009 passed on Miscellaneous Petition No,81 of 2007 in Service Appeal No,1154(K) of 1999 passed by Federal Service Tribunal (Karachi Bench) whereby the said Miscellaneous Petition was dismissed for want of jurisdiction.
2. ' Brief facts to decide petition are that the petitioner filed miscellaneous petition for recalling the order of abatement dated 30th June, 2002 in the light of order by this Court in the case of Khawaja Riaz v. Chairman Pakistan Space and Upper Atmosphere Research Commission, Karachi 2007 PLC (C.S.) 1275 wherein it was held that the Registrar of the Service Tribunal has no authority to declare that any appeal has been abetted and that the Tribunal required to pass separate order in every case after providing opportunity to the parties. The petitioner contended that the Service Rules of the respondent (House Building Finance Corporation) are statutory and therefore, petition is maintainable before the Service Tribunal.
3. Heard Mr. Masood Mukhtar Naqvi, Advocate Supreme Court for the petitioner. Learned counsel vehemently argued that the Service Regulations were framed by the respondent Corporation in exercise of his power under section 42 of the House Building Finance Corporation Act, 1952 (Act XXVIII of 1952) and are statutory rules.
4. We have taken in consideration arguments advanced by learned Advocate for petitioner. Section 41 of the House Building Finance Corporation Act, 1952 provided that the Central Government may make rules not inconsistent with the Act for the purpose of giving effect to the provisions of the Act and section 42 empowers the Board to make regulations not inconsistent with the Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provision of the Act including regulations in respect of the terms and conditions of service duties, conduct of the officers and servants and agents of the Corporation. The power delegated for framing of the regulations to the Board of Corporation/Authorities has been considered by this court in various cases including Pakistan Red Cross Society and others v. Syed Nazar Gillani PLD 2005 SC 805, Chairman WAPDA and 2 others v. Syed Jamil Ahmed 1993 SCMR 342 and in the case of National Bank of Pakistan v. Manzoorul Hassan 1989 SCMR 842 and Cadet College Kohat and others v. Muhammad Shoaib Qureshi PLD 1984 SC 170 and held that the rule-making power has been conferred upon the boards for the management and control of day to day business of the Corporation. Identical question came in consideration in Muhammad Nawaz v. Civil Aviation Authority and others Civil Appeal No,2240 of 2008 in which two of us (Anwar Zaheer Jamali and Khilji Arif Hussain, J.) were members and the appeal was dismissed relying upon the above referred cases.
5. ' The impugned judgment of the Tribunal is well-reasoned and no interference is called by this Court. The petition has no merits and accordingly dismissed. .