1. MUHAMMAD DAUD KHAN (CHAIRMAN).-In his declaratory suit. Abdus Sattar, Assistant Accountant prayed for Pay Scale of Rs. 350--25-550-30--700 with effect from 14-10-1971. The suit was instituted before the Civil Judge on 5-6-1975 and decreed on 31-7-1975. An appeal was lodged before the District Judge on 4-10-1975. The appeal there from abated on 20-12-1975 in consequence of an application on behalf of the appellant that WAPDA Act, 1958 having been amended by Ordinance No. XVI of 1975, WAPDA employees have become Civil Servants. The appeal could not proceed under Service Tribunals Act, 1973. The District Judge accepting this plea passed orders of abatement as mentioned above.
2. Having obtained en order of abatement the appellant, WAPDA now seeks its remedy against judgment and decree of civil Courts from the Tribunal. His contention is that aforementioned amendment of the WAPDA Act, 1958 converting status of WAPDA employees gives jurisdiction to the Tribunal to sit in appeal over the order of Civil Judge.
3. The argument is an effort to confer jurisdiction on the Tribunal in con--sequence of the order of abatement passed by the District Judge on 20th December, 1975 without reference to the provisions of law applicable. The Service Tribunals Act, 1973 under its section 6 abates only those suits, appeals or application regarding matters within the jurisdiction of the Tribunal which were pending before any Court immediately before the commencement of the Act which was enforced on 26th September, 1973. As no suit or appeal was pending in 1973 and the proceedings before civil Court A commenced in the year 1975, section 6 of the Service Tribunals Act, 19'13 has no application.
4. There is no other section of law, which entitles an employer to seek remedy from the Tribunal.
5. Consequently when section 6 of the Service Tribunals Act, 1973 is not applicable, the Tribunal has no jurisdiction to offer the remedy or to entertain the appeal. It is, therefore, dismissed, in limine.