MUHAMMAD IRSHAD Versus PAKISTAN STEEL MILLS, KARACHI
This appeal challenges an order passed by the Federal Service Tribunal, which dismissed the appellant's appeal in limine. The Tribunal had held that Section 2-A of the Service Tribunals Act, 1973, as incorporated by Act No. XVII of 1997, did not have retrospective effect, thereby excluding the appellant's claim from its jurisdiction. The core legal question before the Supreme Court was whether the Tribunal's interpretation regarding the non-retrospectivity of the newly incorporated Section 2-A was legally correct, particularly in light of established Supreme Court precedents. Upon review, the Supreme Court found that the Tribunal's reasoning was inconsistent with the Court's previous rulings, specifically the judgment in Muhammad Afzal v. Karachi Electric Supply Corporation (Civil Appeal No. 1513 of 1998) and Ghulam Mustafa Khairati v. Federation of Pakistan (1998 SCMR 1603). Consequently, the Supreme Court allowed the appeal, set aside the impugned order, and remanded the matter to the Tribunal with directions to hear the case afresh on its merits within six months, thereby affirming the applicability of the statutory provision in question.
- Does Section 2-A of the Service Tribunals Act 1973 have retrospective effect?
- Is a Service Tribunal empowered to dismiss an appeal in limine based on the non-retrospectivity of Section 2-A of the Service Tribunals Act 1973?
- Section 2-A, Service Tribunals Act 1973
ORDER
1. AJMAL MIAN, C.J. ‑‑‑This is an appeal against the order dated 30‑10‑1997 passed by the learned Federal Service Tribunal (hereinafter referred to as the Tribunal) in Appeal No.681 (K) of 1997 filed by the appellant, declining the same in limine on the ground that newly incorporated section 2‑A in the Service Tribunals Act, 1973 by Act No.XVII of 1997, was not retrospective. Leave to appeal was granted to consider as to whether the view found favour with the Tribunal is in consonance with the judgment of this Court rendered in Civil Appeal No. 1513 of 1998 (Muhammad Afzal v. Karachi Electric Supply Corporation through its Managing Director, Karachi).
2. We have heard the appellant who is present in person. None is present for the respondent.
3. In view of the judgment of this Court in the case of Muhammad Afzal v . KESC, Karachi (Civil Appeal No. 1513 of 1998), which was followed inter alia in the case of Ghulam Mustafa Khairati v. Federation of Pakistan and another (1998 SCMR 1603), the impugned order of the Tribunal cannot be sustained. The appeal is, therefore, allowed, the impugned order set aside and the case remanded to the Tribunal with the direction to hear the appeal afresh after notice to the parties and decide the same on merits within a period of six months.
4. H.B.T./M‑250/S Appeal allowed.