PAKISTAN NAVY vs PIR MUHAMMAD KHAN
This matter concerns a petition for leave to appeal filed by the Pakistan Navy against a judgment of the Federal Service Tribunal. The core legal questions presented are whether an industrial worker can be classified as a civil servant for the purposes of the Service Tribunals Act, 1973, and whether the Removal from Service (Special Powers) Ordinance, 2000, is applicable to such an individual. The Supreme Court of Pakistan determined that the petition involves a question of law of public importance within the contemplation of Article 212(3) of the Constitution of the Islamic Republic of Pakistan. Consequently, the Court granted leave to appeal to examine these submissions. Additionally, the Court ordered that the operation of the impugned judgment passed by the Federal Service Tribunal shall remain suspended pending the final adjudication of the appeal. The issue of condonation of delay was reserved to be decided alongside the main appeal.
- Can an industrial worker be classified as a civil servant for the purposes of the Service Tribunals Act, 1973?
- Are the provisions of the Removal from Service (Special Powers) Ordinance, 2000 applicable to an industrial worker?
- Article 212(3), Constitution of the Islamic Republic of Pakistan 1973
- Service Tribunals Act, 1973
- Removal from Service (Special Powers) Ordinance, 2000
ORDER
1. ' The learned Advocate-on-Record submitted inter alia, that the respondent Pir Muhammad Khan being an industrial worker, could not be treated as a Civil Servant for the purposes of Service Tribunals Act, 1973, and that the provisions of Removal from Service (Special Poweis) Ordinance, 2000, were not applicable to him. This petition involves question of law of public importance within the contemplation of Article 212(3) of the Constitution of Islamic Republic of Pakistan.
2. ' Leave to appeal is granted to consider the above and the other submissions. The question of condonation of delay shall be decided along with main appeal.
3. ' C.M.A. No,84 of 2008 (stay matter)
4. 'Meanwhile, subject to notice, the operation of the impugned judgment, dated 24-9-2007, passed by the Federal Service Tribunal shall remain suspended.