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1977 PLC [C. S. T.] 16

GOVERNMENT OF SIND THROUGH THE SECRETARY, FOOD AND CO-OPERATION

Citation1977 PLC [C. S. T.] 16
CourtSindh Service Tribunal
Case No.Appeal No. 78 of 1975
Date1976-02-17
Judge(s)Hamzo Khan Muhammad Kureshi, Abdul kadir, Abdul Wali Makhdoom
Resultappeal is accordingly

ORDER

1. HAMZO KHAN M. KURISHI (CHAIRMAN).-Appellant by A. A: G. respon--dent by Mr. Faiz Muhammad.

2. He has produced the certified copy of memo. of appeal from the High Court which shows that the appeal was filed by the Govt. of Sind on 20-5-74. This shows that the appeal in the High Court was not pending immediately before the commencement of law extending clause (2) of Article 212 of the Constitution to this Tribunal. Since it was not pen--ding in the High Court prior to 6-5-74 when the provisions of Article 212 were extended to this Tribunal, this Tribunal will have no jurisdiction under section 6 of Sind Service Tribunals Act, 1973. The appeal could not be filed! in the High Court after 6-5-74. A. A.-G. concedes to this legal position and says that the appeal was wrongly filed in the High Court. The order of abatement is therefore illegal and does not confer jurisdiction in this Tribunal was envisaged by section 6 of Sind Service Tribunals Act. The appeal is accordingly dismissed for want of jurisdiction.

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