ABU HURAYRAH SABIR vs ZARAI TARAQIATI BANK LIMITED and others
This matter concerns a petition challenging a judgment passed by the Federal Service Tribunal regarding the employment status of the petitioner, an employee of the Zarai Taraqiati Bank Limited. The core legal question was whether the Federal Service Tribunal possessed the requisite jurisdiction to adjudicate the service dispute of the petitioner, given his status as an employee of a statutory corporation. The Supreme Court, upon reviewing the case, held that the petitioner was not a civil servant nor in the Service of Pakistan. Consequently, the Court determined that the Federal Service Tribunal lacked the jurisdiction to entertain the matter, rendering the impugned judgment coram non judice. The Court set aside the Tribunal's judgment, allowing the petition and converting it into an appeal. The key principle laid down is that employees of statutory corporations, who do not fall within the definition of civil servants or persons in the Service of Pakistan, cannot invoke the jurisdiction of the Federal Service Tribunal for the redressal of their service-related grievances, and must instead seek alternative remedies available under the law.
- Does the Federal Service Tribunal have jurisdiction to adjudicate service disputes of employees of statutory corporations?
- Are employees of the Zarai Taraqiati Bank Limited considered civil servants or persons in the Service of Pakistan?
- What is the appropriate legal recourse for an employee of a statutory corporation whose service grievance is not within the jurisdiction of the Federal Service Tribunal?
ORDER
1. ' RAJA FAYYAZ AHMED, J.--- In compliance with the order of this court dated 3-9-2010 passed in the light of the impugned judgment, the learned Advocate Supreme Court for the respondent-Bank states that the issue was reconsidered and .The claim of the petitioner has been rejected.
2. Photostat copy of the same has been placed on record. Copy of resolution of the issue as decided by the Bank be supplied to the petitioner. The petitioner undisputedly is not a civil servant and in the Service of Pakistan, therefore, in view of the law laid down by this court in the cases of Pakistan Telecommunication Company Limited through General Manager and another v. Muhammad Zahid and 29 others 2010 SCM R 253, Executive Council, Allama Iqbal Open University, Islamabad through Chairman and another v. M. Tufail Hashmi 2010 SCM R 1484 and Pakistan International Airline Corporation and others v.. Tanweer-ur-Rehman and, others PLD 2010 SC 676, the impugned judgment passed by the Federal Service Tribunal being coram non judice and without jurisdiction deserves to be set aside, hence, this civil petition is converted into appeal and is allowed. The impugned judgment is set aside. The appellant may seek his remedy as may be admissible to him under the law for the redressal of his grievance. There shall be no order as to costs.