' The learned counsel for the respondent has taken preliminary objections that in view of Provisions of West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1975 (Ordinance XVI of 1975) read with section 6 of the Service Tribunals Act the appeal has abated. The respondent was employed with the appellant as a stenographer. On 1st June, 1966 he was transferred from Sukkur and attached to appellant No,
3. On 4th April, 1967 he suffered heart attack and applied for two days casual leave. On 8th August, 1967 he was declared fit by the Medical Superintendent District Headquarter Hospital Sukkur and he reported for duty on 9th August, 1967.
On that date he was informed that his services has been terminated by the appellant No, 3 on 11th July, 1967. This order was passed without any show-cause notice to the respondent. The respondent filed an appeal before the appellant No, 2 but no action was taken. He, therefore, filed a suit for declaration that the order of termination was illegal but it was dismissed on 25th April, 1969.
The respondent filed an appeal before the learned District Judge, Kbairpur who allowed it. The appellants then preferred this second appeal which was filed on 5th January, 1972..
' By West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1975 promulgation on 13th September, 1975 after section 17, subsection (1) of West Pakistan Water and Power Development Authority Act, 1958 (West Pakistan Act XXXI of 1958) following subsections were inserted : "(1-A) Notwithstanding anything contained in subsection (1) or any rules made, or orders or instructions issued, by the Authority, or in the terms and conditions of service or any person employed by, or serving under the Authority, the Authority may, at any time, remove from its service any person without assigning any reason, after giving him not less than thirty days' notice or pay for the period by which such notice falls short of thirty days.
(1-B) Service under the Authority is hereby declared to be service of Pakistan and every person holding a post under the Authority, not being a person who is on deputation to the Authority from any Province, shall be deemed to be a civil servant for the purposes of the Service Tribunals Act, 1973 (LXX of 1973)."
' The effect of these amendments is that the service of WAPDA 'was declared service of Pakistan and every employee of WAPDA unless he is on deputation from any Provincial Government shall be deemed to be a Civil servant for the purposes of Service Tribunals Act, 1973. By this provision the Service Tribunals Act was made applicable to the employees of WAPDA. Section 6 of the Service Tribunals Act reads as follows :-
6. "Abatement of suits and other proceedings.-All suits, appeals or applications regarding any matter within the jurisdiction of a Tribunal pending in Court immediately before the commencement of this Act shall abate forthwith : ' Provided that any party to such a suit, appeal or application may, within ninety days of the commencement of this Act, prefer an appeal to the appropriate Tribunal in respect of any such matter which is in issue in such suit appeal or application."
' It is, therefore clear that all appeals, suits and applications relating to matters within the jurisdiction of Service Tribunal abated on the promulgation of Service Tribunals Act. In the present case this provision applied on the promulgation of West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1975., Admittedly the appeal was filed before the promulgation of Service Tribunals Act and West Pakistan Water and Power Development Authority (Amendment) Ordinance of 1975. The pending appeal, therefore, in view of all these provisions of law, stood abated. Mr. S. S. Akbar the learned counsel for the respondent has referred to PLD 1981 SC 250 and PL DA' 1976 Leh. 492. In view of the aforestated provisions of law and the observations made in these authorities there can be no two opinions about this matter. The present appeal, which relates to matter within the jurisdiction of Service Tribunals, is dismissed: having abated with no order As to costs.