ZARAI TARAQIATI BANK LTD. & another vs MUHAMMAD BAKHSH and another
This petition for leave to appeal is directed against the judgment of the Federal Service Tribunal, which accepted the service appeal of Respondent No. 1 and granted him the benefit of pay protection and salary arrears based on his previous employment in the Ministry of Interior, Directorate General of Registration (NADRA). The core legal question concerns the jurisdiction of the Federal Service Tribunal over employees of the petitioner-organization following the repeal of Section 2A of the Service Tribunals Act, 1973. The Supreme Court granted leave to appeal to examine the effect of previous judgments in light of the repeal of Section 2A vide Act No. II of 2010, and whether employees of such organizations remain entitled to avail the remedy before the Service Tribunal notwithstanding earlier case law. The Court held that leave to appeal should be granted to consider these statutory changes and judicial precedents, and directed the office to fix the ensuing appeal for hearing within one month.
- Does the Federal Service Tribunal retain jurisdiction over employees of the Zarai Taraqiati Bank Ltd. after the repeal of Section 2A of the Service Tribunals Act, 1973?
- What is the effect of the repeal of Section 2A of the Service Tribunals Act, 1973 on pending and decided service matters of corporate bodies?
- Are employees of organizations previously covered under Section 2A entitled to approach the Service Tribunal after the enactment of Act No. II of 2010?
- Section 2A, Service Tribunals Act, 1973
ORDER
Iftikhar Muhammad Chaudhry, C.J.--This petition for leave to appeal has been filed against the judgment 12.07.2010 passed by Federal Service Tribunal, Islamabad in Service Appeal No, 1009(R)
CS/2007.
2. Precise dispute in the instant case 'is that Respondent No, 1 has approached the Federal Service Tribunal with the prayer that benefit of protection of pay be extended to him and arrears of the salary be also-allowed on the premises that before joining the petitioner-organization he was working in Ministry of Interior, Directorate General of Registration (NADRA), Islamabad as DEO from 05.11.1973 to 12.06.1985. The Service Tribunal on having taken into consideration the pleadings of the parties and the relevant material available on record has accepted the appeal by means of impugned judgment. Hence this petition.
3. Learned counsel appearing for the petitioner-department, at the out-set, has, inter alia, contended that in view of the judgment in the case of Abu Hurayrah Sabir v. Zarai Taraqiati Bank Ltd. (Civil Petition No, 1122 of 2010) announced by this Court on 6th October, 2010 as well as the judgment in the case of Sikandar Khan v. Govt. of Pakistan (Civil Appeal No, 1150 of 2009 & CMA No, 1091 of 2010) announced by this Court on 29th October, 2010, the respondent could not have been declared into the service of Pakistan, therefore, the Service Tribunal had no jurisdiction in the matter:
4. Leave to appeal is granted to examine the effect of the judgments reported as Dr. Muhammad Amin v. President Zarai Taraqiati Bank Ltd. (2010 SCM R 1458) and Raja Riaz v. Chairman, Pakistan Space and Upper Atmosphere Research Commission (2008 SCM R 402), keeping in view the fact that after the pronouncement of the judgment in Dr. Muhammad Amin's case (ibid) on 17th February 2010, Section 2A of the Service Tribunals Act, 1973 has been repealed vide Act No, II of 2010, dated 6th March, 2010, therefore, notwithstanding the observations made in Muhammad Mubeen- us-Salam v. Federation of Pakistan: (PLD 2006 SC 602) or in the case of Muhammad Idrees Agricultural Development Bank of Pakistan (PLD 2007 SC 681), the employees of such organizations would be entitled to avail remedy before the Service Tribunal.
5. As short point is involved in this case, therefore, office is directed to fix the appeal arising out of this petition within a period of one month.