1. ' This appeal has been filed under section 4/6 of the Sind Service Tribunals Act, 1973.
2. ' The appellant was appointed as Overseer on 6th January, 1949 and promoted as Sub-divisonal Officer from time to time as and when the vacancies occurred. Finally he was promoted in November, 1959. However, he was again reverted and he filed a suit for declaration and injunction.
3. The suit was resisted. The evidence was recorded and the suit was dismissed by the Additional District Judge, Hyderabad on 29th February, 1972. An appeal was filed in the High Court which bears 1st Appeal No, 50 of 1972.
4. ' On 18th November, 1979 when the appeal came up for hearing before the High Court a preliminary objection was raised on behalf of the Government that the appeal had abated by virtue of section 6 of the Sind Service Tribunals Act, 1973. This plea was upheld and the appeal was dismissed with no orders as to costs. An application for the copy of the judgment was made on 26th November, 1979. The copy was delivered on 10th February, 1980 while the present appeal was filed on 26th February, 1980'.
5. We have heard the learned counsel of the appellant and we are of the view that appeal is hopelessly time-barred. There can be no manner' of doubt as was also held by the High Court that the appeal in the High Court had abated by virtue of section 6 of the Sind Service Tribunals Act, 1973 and further more by virtue of section 3 (2) this Tribunal was invested with exclusive jurisdiction in respect of matters relating to the terms and conditions of service of civil servants, including disciplinary matters. Referring to section 6 of the same Act, it is plain enough that the appeal which was pending in the High Court had abated and the proviso to the same section allowed an opportunity to the party to prefer an appeal to this Tribunal within 90 days of the commencement of such law. The present Tribunal was constituted by notification dated 24th November, 1973.
6. Consequently the appeal to this Tribunal was required to be filed within 90 days of the aforesaid date, but the appellant did not act in accordance with the provisions of the Act and slept over the matter for a period of more than six years.
7. ' Of course Section 12 of the Limitation Act had been made applicable to these proceedings, but it cannot be said that the appeal in the High Court was being prosecuted in good faith after the promulgation of the Sind Service Tribunals Act and the establishment of the Tribunals. The appeal in the High Court had already abated by virtue of section 6 of the Act and the establishment of the Tribunal and no formal order was required to be passed by the High Court. It was for the appellant to have withdrawn that appeal for the simple reason that the jurisdiction to proceed with the matter in respect of the terms and conditions of service was exclusively vested in this Tribunal.
8. ' It may be mentioned here that although no application either under section 5 of the Act or section 12 of the Limitation Act was filed but it was urged by the learned counsel of the appellant that since the appeal was pending in the High Court this Tribunal was not approached and it was after the disposal of that appeal that the present appeal was tiled. We regret to say that for the reason already stated this plea cannot be entertained. We will repeat here that the appeal which was pending in the High Court had abated by virtue of notification dated 24th November, 1973 and therefore, the appeal was necessarily to be filed in this Tribunal within 90 days. Since the appeal pending in the High Court had abated and no appeal was filed in this Tribunal, the present appeal is hopelessly time-barred and is not maintainable.
9. ' In result the appeal is summarily dismissed.