PROVINCE OF PUNJAB And Others vs Mirza RIAZ AHMAD And Other
This matter concerns a petition for leave to appeal filed by the Province of Punjab against a judgment of the High Court, which had upheld the dismissal of the petitioner's appeal by the District Judge on the grounds of limitation. The respondent, a dispenser previously employed by the Health Department and later placed at the disposal of the Town Committee Samma Satta, had filed a civil suit seeking payment of salary and allowances from the Health Department after the Town Committee terminated his services and the Health Department refused his reinstatement. The civil court decreed the suit in the respondent's favor. The core legal question before the Supreme Court is whether the civil court possessed the jurisdiction to entertain the respondent's suit, given that the dispute pertains to a service matter, which may fall under the exclusive jurisdiction of the Service Tribunal. The Supreme Court granted leave to appeal specifically to examine this jurisdictional issue, questioning whether the provisions of the Service Tribunal Act, 1974, bar the jurisdiction of civil courts in such service-related disputes.
- Does a civil court have jurisdiction to entertain a suit regarding the pay and allowances of a government employee in a service matter?
- Does the Service Tribunal Act 1974 bar the jurisdiction of civil courts in disputes concerning service matters of government employees?
- Section 4, Service Tribunal Act 1974
ORDER
ASLAM RIAZ HUSSAIN, J.--The facts are that the respondent (No.1) was a dispenser, in Bahawalpur.
His services were placed at the disposal of the Town Committee Samma Satta. Subsequently he was told that his services were no longer required by the Town Committee, Samma Satta and he was directed to report to his parent Department i.e. The Health Department but the Health Department refused to accept him. The respondent, therefore, filed a suit to the effect that being an employee of the Health Department he was entitled to receive his pay and other allowances from that Department. The suit was decreed in his favour. The Province of Punjab through Director Health filed an appeal which was dismissed as time-barred by the learned District Judge, Bahawalpur. Feeling aggrieved the petitioner filed a civil revision in the High Court which agreed with the District Judge that the appeal had been rightly dismissed as barred by time.
Hence the present petition for leave to appeal.
2. Learned counsel appearing for the Government/petitioner submits that being a service matter it should not have been entertained by the learned Civil Court in view of the provisions of Service Tribunal Act, 1974, and that the judgments of the Courts below are, therefore, without jurisdiction.
3. Leave is granted to consider the above-noted question of jurisdiction.
To be heard on the same record with permission to file additional documents. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.