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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD RAFIQUE and others VS Respondent: PAKISTAN TELECOMMUNICATION COMPANY LTD. and others
Court Name: Supreme Court of Pakistan Judge(s): Nasir-ul-Mulk, Hamid Ali Mirza, M. Javed Buttar Title:MUHAMMAD RAFIQUE and others vs PAKISTAN TELECOMMUNICATION
COMPANY LTD. and others Case No.: Civil Petitions Nos.565-K to 569-K and 828-K of 2003 Date of Judgment:2005-05-13 Reported As: 2009 PLC (C.S.) 114 Result: Order accordingly Judgment ORDER ' HAMID ALI MIRZA, J.--- Heard learned counsel for the parties at length and perused the record. 2. The appeals of the petitioners were dismissed by learned Federal Service Tribunal on the ground that the appeals before the Tribunal were time-barred as the same were not filed within 120 days from the date of termination orders. However, in the instant cases the petitioners filed departmental appeals before the competent authority which were not responded and no decisions were communicated to them and for the first time on their reminder, dated 4-6-2002, the respondents vide letter No, RRR-27-98 of 2002, dated 25-6-2002 communicated to the petitioners that their appeals were rejected, therefore, the appeals having been preferred on 25-7-2002 cannot be said to be time-barred. Section 4 of the Service Tribunals Act, 1973 has prescribed period of thirty days from the date of communication of order on departmental appeals and in the instant cases communication for the first time about the decision of their appeals was conveyed to the petitioners on 25-6-2002, therefore, the appeals before the Service Tribunal cannot be said to be time-barred. 3. In the circumstances, the finding of the Tribunal that appeals filed by the petitioners were time- barred cannot be sustained. Accordingly the petitions are converted into appeals and allowed, consequently the impugned orders passed by the Tribunal are set aside and the appeals are remanded to the Tribunal for decision of the same on merits after hearing the parties.