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1999 SCMR 2670

MUHAMMAD YOUNUS and others vs FEDERAL SERVICE TRIBUNAL and others

Citation1999 SCMR 2670
CourtSupreme Court of Pakistan
Case No.Civil Petitions for Leave to Appeal Nos.2-K, 5-K, 6-K, 9-K, 11-K, 12-K, 14-K, 15-K,
Date1998-02-10
Judge(s)Mamoon Kazi, Ajmal Mian
ResultLeave granted

ORDER

' AJMAL MIAN, .C.J.---By this common order, we intend to dispose of the above petitions which have been filed by the employees of P.I.A., Pakistan Steel Mills, K.E.S.C., Pakistan National Shipping Corporation and Karachi Nuclear Power Project (KANUPP) against the judgments of the Federal Service Tribunal, hereinafter referred to as the Tribunal, declining to entertain petitioners' appeals on the ground that the newly added section 2-A to the Service Tribunals Act, 1973, by Service Tribunals (Amendment) Act, 1997 (Act XVII of 1997), whereby the service under any authority, corporation, body or organization established by or under a Federal law or which is owned or controlled by the Federal Government or in which the Federal Government has a controlling share or interest, has been declared to be the service of Pakistan and every person holding the post under such authority, corporation, body or organization shall be deemed to be a civil servant for the purpose of the Service Tribunals Act, was not applicable to the petitioners as the causes of action accrued to them prior to 10-6-1997, when the above provision was incorporated. The petitioners have, therefore, filed the present petitions for leave to appeal,

2. Mr. Obaidur Rehman, learned Advocate Supreme Court has appeared on behalf of the petitioners in C.P.L.As. Nos. 11-K and 12-K of 1998, Mr. Mahmood Alam, who was granted special permission to appear, has appeared in C.P. Nos 2-K, 5-K and 6-K of 1998, and Miss Wajahat Niaz has appeared for the petitioner in C.P.L.A. No, 14-K of 1998; whereas the other petitioners have appeared in person.

3. It may be observed that the petitioner in C.P.L.A. No, 14-K of 1998, instead of approaching this Court against the judgment dated 27-10-1997 of the Tribunal, has first filed a Constitution Petition in the High Court of Sindh, which has been dismissed by an order dated 18-12-1997. After that he has filed the above petition for leave to appeal. If the said petition is to be treated as a petition for leave against the judgment of the Tribunal, the same would be barred by time. We are, therefore, granting leave in the above petition subject to limitation.

4. We are also inclined to grant leave in the other petitions to consider, as to whether the Tribunal was justified in declining to entertain the petitioners' aforesaid appeals on the ground that section 2-A of the Service Tribunals Act, 1973, was not applicable to the petitioners for the reason that the alleged causes of action accrued prior to 10-6-1997. Leave is, accordingly, granted. The appeals arising out of the above petitions may be listed for hearing at an early date.

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