ZARAI TARAQIATI BANK LTD. and another vs MUHAMMAD BAKHSH and another
This petition for leave to appeal arises from a judgment of the Federal Service Tribunal, which granted the respondent's claim for protection of pay and salary arrears based on his previous service in the Ministry of Interior. The petitioner-organization challenged the Tribunal's jurisdiction, arguing that, based on recent Supreme Court precedents, the respondent could not be considered in the service of Pakistan. The Supreme Court granted leave to appeal to examine the jurisdictional implications of the repeal of Section 2A of the Service Tribunals Act, 1973, which occurred after the pronouncement of the judgment in Dr. Muhammad Amin v. President, Zarai Taraqiati Bank Ltd. The core legal question concerns whether, following the repeal of Section 2A of the Service Tribunals Act, 1973, employees of such organizations remain entitled to seek remedies before the Service Tribunal, notwithstanding previous judicial pronouncements regarding the status of such employees. The Court directed an expedited hearing to resolve this issue.
- Does the repeal of Section 2A of the Service Tribunals Act, 1973, affect the jurisdiction of the Service Tribunal over employees of organizations previously covered by that section?
- Are employees of organizations previously governed by Section 2A of the Service Tribunals Act, 1973, entitled to seek remedies before the Service Tribunal following the Act's repeal?
- Section 2A, Service Tribunals Act 1973
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---This petition for leave to appeal has been filed against the judgment dated 12-7-2010 passed by Federal Service Tribunal, Islamabad in Service Appeal No,1009(R) CS of 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 premise that before joining the petitioner-organization he was working in Ministry of Interior, Directorate-General of Registration (NADRA), Islamabad as DEO from 5-11-1973 to 12-6-1985. 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 outset, 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. Golit. Of Pakistan (Civil Appeal No, 1150 of 2009 and C.M.A.
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 v.
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.