ZARAI TARAQIATI BANK LTD. Versus MUHAMMAD BAKHSH
This petition for leave to appeal is directed against the judgment of the Federal Service Tribunal, Islamabad, whereby the respondent's service appeal seeking protection of pay and arrears of salary was accepted. 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. Granting leave to appeal, the Supreme Court held that notwithstanding earlier judicial pronouncements, the repeal of section 2A of the Service Tribunals Act, 1973 vide Act No. II of 2010 requires examination of whether employees of such organizations remain entitled to avail the remedy before the Service Tribunal in light of previous binding precedents. The key principle laid down is that the effect of statutory repeals on pending or decided service matters must be assessed with respect to the jurisdiction of service tribunals.
- Does the Federal Service Tribunal have 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 vide Act No. II of 2010 on the remedy available to employees before the Service Tribunal?
- Section 2A, Service Tribunals Act 1973
ORDER
IFTIKHAR MUHAMMAD CHAUDHRY, CJ.--- This petition for leave to appeal has been filed against the judgment 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 5-114973 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. Govt. 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 SCMR 1458) and Raja Riaz v. Chairman, Pakistan Space and Upper Atmosphere Research Commission (2008 SCMR 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.
M.A.K. /Z-4/SC Leave granted.