MUHAMMAD ISHAQ vs WATER AND POWER DEVELOPMENT AUTHORITY
This appeal by leave was filed against an order of the Federal Service Tribunal dismissing the appellant's service appeal as time-barred. The appellant, an employee of the Water and Power Development Authority (WAPDA), was removed from service under Section 17(1-A) of the WAPDA Act, 1958. After pursuing a departmental remedy, he filed an appeal before the Federal Service Tribunal, which rejected it on the ground of limitation. Leave to appeal was granted by the Supreme Court of Pakistan to consider the jurisdiction of the Tribunal over WAPDA service matters in light of Section 17(1-C) of the WAPDA Act, 1958, which ousted the jurisdiction of courts. The Supreme Court noted that the question of jurisdiction had already been resolved in WAPDA v. Muhammad Arshad Qureshi (1986 SCMR 18). Examining the limitation aspect, the Court observed that the appeal before the Tribunal was filed beyond the prescribed period and the explanation offered for the delay was not plausible. Consequently, the Supreme Court upheld the Tribunal's dismissal and dismissed the appeal.
- Does the Federal Service Tribunal have jurisdiction to entertain appeals against removal orders passed under Section 17(1-A) of the WAPDA Act 1958 despite Section 17(1-C)?
- Can a service appeal filed beyond the period of limitation be dismissed where no plausible explanation for delay is provided?
- Section 17(1-A), Water and Power Development Authority Act 1958
- Section 17(1-C), Water and Power Development Authority Act 1958
ALI HUSSAIN QAZILBASH, J.--This is an appeal by leave against the order of the Federal Service Tribunal, dated 23-7-1984, whereby the appeal filed by Muhammad Ishaq appellant was dismissed as barred by time.
2. The appellant joined WAPDA service as an Assistant Linesman on work charge basis in 1977 and was declared regular Assistant Linesman on 25-3-1978. In 1980 he was promoted to Linesman Grade-II. It was on 12-1-1983 that the appellant was removed from service under section 17(1-A) of the WAPDA Act, 1958, with effect from 12-1-1983. The appellant first approached the departmental authorities and then filed the appeal before the Federal Service Tribunal on 10-3-1983 which was dismissed by the Tribunal as barred by time.
3. Leave in this case was granted to consider whether in view of the complete ouster of jurisdiction under section 17(1-C) of the WAPDA Act, 1958, the learned Tribunal could assume jurisdiction and interfere with the orders of the WAPDA in respect of persons employed or serving under it.
4. We have heard the learned counsel for the parties. As for the question of jurisdiction of the Tribunal, this point stands finally resolved by this Court in the case reported as WAPDA v.
Muhammad Arshad Qureshi 1986 SCMR 18. So far as the appeal before the Tribunal is concerned, the appellant had in fact filed it beyond the period of limitation and the explanation furnished by him was not found plausible. We, therefore, see no ground to interfere and thus uphold the decision of the learned Service Tribunal.
5. This appeal is thus dismissed.