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Petitioner: GHULAM MUSTAFA KHAIRATI VS Respondent: FEDERATION OF PAKISTAN
1998 P L C (C
1998 P L C (C.S.) 1078
[Supreme Court of Pakistan]
Present: Irshad Hasan Khan and Mamoon Kazi, JJ
GHULAM MUSTAFA KHAIRATI
Versus
FEDERATION OF PAKISTAN and another
Civil Petition for Leave to Appeal No. 152 of 1998, decided on 4th June, 1998.
(On appeal from the order dated 27-11-1997 in Constitutional Petition No. D-1879 of 1997 passed by the High Court of Sindh, Karachi).
(a) Habib Bank Limited (Staff) Service Rules, 1981---
----R. 15---Service Tribunals Act (LXX of 1973), S. 2-A [as incorporated by Service Tribunals (Amendment) Act (XVII of 1997)]---Constitution of Pakistan (1973), Arts. 212 & 185---Employee of Bank---Termination of services ---Employee's Constitutional petition against termination was dismissed in view of amendment in Service Tribunals Act, 1973, through Act XVII of 1997, whereby service under any Authority, Corporation, Body or Organisation established by Federal law or owned or controlled by Government was declared to be service of Pakistan for purpose of investing Service Tribunal with jurisdiction to entertain appeals in respect of any of the terms and conditions of service of such employees---Validity---Sole question which required consideration was whether appropriate Service Tribunal alone had jurisdiction to entertain appeal in view of newly incorporated S. 2-A, in Service Tribunals Act, 1973 through Act XVII of 1997---Supreme Court in Muhammad Afzal's case had already maintained that _ incorporation of S. 2-A in Service Tribunals Act, 1973 through-Act XVII of 1997, had retrospective effect being amendment relating to matters pertaining to procedure---High Court was, therefore, right in disposing appeal with observation that petitioner should approach Service Tribunal---Leave to appeal was refused in circumstances.
Muhammad Afzal v. Karachi Electric Supply Corporation through its Managing Director, Karachi Civil Appeal No. 1513 of 1998 rel.
(b) Service Tribunals Act (LXX of 1973) ---
---S. 2-A --- Application --- Retrospectivity --- Section 2-A of Service Tribunals Act as incorporated in Service Tribunals Act, 1973 by Service Tribunals (Amendment) Act (XVII of 1997) being relatable to procedure would be retrospective in its operation.
K.M.A. Samdani, Advocate Supreme Court instructed by Mehr Khan Malik, Advocate- on-Record for Petitioner.
Nemo for Respondents
Date of hearing: 4th June, 1998.
JUDGMENT
IRSHAD HASAN KHAN, J.---Leave to appeal is sought against the' judgment dated 26-11-1997 passed by a learned Division Bench of the High Court of Sindh, Karachi in Constitution Petition No.D-1879 of 1997.
2. The petitioner was an employee of Habib Bank Limited, Head Office, Karachi, respondent No.2 herein, as Senior Executive Vice-?President. His services were terminated in terms of clause 15 of the Habib Bank Limited (Staff) Service Rules, 1981 on three months' notice salary in lieu of notice.
3. The petitioner challenged the order of his termination through a Constitution petition in the High Court of Sindh at Karachi, inter alia, on the ground that although it was purported to have been passed in exercise of power derived from Master and Servant Rule, would yet be deemed to be passed without lawful authority and of no legal effect, inasmuch as, it was passed without issuing show-cause notice to the petitioner and without giving him an opportunity of hearing. The learned Division Bench of the High Court dismissed the petition vide impugned judgment in view of the amendment in the Service Tribunals Act, 1973 (hereinafter called the Act), through Act No.XVII of 1997, whereby service under any Authority, Corporation, Body or Organisation, established by a Federal law or owned or controlled by Federal Government was declared to be a service of Pakistan for the purpose of investing the Tribunal with jurisdiction to entertain appeals in respect of any of the terms and conditions of service of such employees. While disposing of the petition it was also observed:----
?... ... ... .. ... ... ... ... ... ... ... the petitioner, apart from other available pleas, would be free to apply for condonation under section 5 of the Limitation Act for the reasons that the petitioner as from 22-4-1997 to date has been pursuing this petition diligently and in good faith."
4. Mr. K.M.A. Samdani, argued that the High Court erred in dismissing the Constitution petition filed by the petitioner to challenge the order of his termination from service on the ground that in view of the amendment in the Act, the case of the petitioner fell within the purview of the Tribunal.
5. The sole question, which requires consideration is whether the appropriate Service Tribunal alone has the jurisdiction to entertain the petition in view of the above-quoted amendment in the Act.
6. The controversy raised herein stands concluded by the judgment of this Court rendered in Civil Appeal No. 1513 of 1998 (Muhammad Afzal v. Karachi Electric Supply Corporation through its Managing Director, 7th Floor, State Life Building No. 11, Karachi, whereby it was held that incorporation of section 2-A in the Act has retrospective effect being an amendment relating to matters pertaining to procedure. The High Court was, therefore, right in disposing the appeal with the observation that the petitioner may approach the Tribunal.
6. Resultantly, the petition is dismissed and leave refused.
A.A./G-19/S??????????????????????????????????????????????????????????????????????????????????????? Leave refused.