GHULAM MUSTAFA KHAIRATI vs FEDERATION OF PAKISTAN and another

' IRSHAD HASAN KHAN, J.---Leave to appeal is sought against the judgment dated 26-11-1997 passed by a learned Division Bench of the High Court of Sindh, Karachi in Constitution Petition No,D- 1879 of 1997.

2. The petitioner was an employee of Habib Bank Limited, Head Office, Karachi, respondent No,2 herein, as Senior Executive Vice-President. His services were terminated in terms of clause 15 of the Habib Bank Limited (Staff) Service Rules, 1981 on three months' notice salary in lieu of notice.

3. The petitioner challenged the order of his termination through a Constitution petition in the High Court of Sindh at Karachi, inter alia, on the ground that although it was purported to have been passed in exercise of power derived .From Master and Servant Rule, would yet be deemed to .Be passed without lawful authority and of no legal effect, inasmuch as, it was passed without issuing show-cause notice to the petitioner and without giving him an opportunity of hearing. The learned Division ,Bench of the High Court dismissed the petition vide impugned judgment in view of the amendment in the. Service Tribunals Act, 1973 (hereinafter called the Act), through Act No,XVII of 1997, whereby . Service under any Authority, Corporation, Body or Organization, established by the Federal law or owned or controlled, by federal Government was declare to be a service of Pakistan for the purpose of investing the Tribunal- with jurisdiction entertain appeals in respect of any of .The terms and conditions a service of such employees. While disposing; of the petition it was also observed the petitioner, apart from other available pleas, would be 'free to apply for condo nation under - section 5 of the Limitation Act for the reasons that the petitioner as from 22-4-1997 to date has bee pursuing this petition diligently and in good faith."

' Samdani, argued that ,the High Court erred in dismissing the Constitution petition on filed by the petitioner to challenge the order of his termination from service on the ground that in view of the amendment in the Act, the case of the petitioner fell within the purview of the Tribunal.

5. The sole question, which requires consideration is whether the appropriate Service Tribunal alone has the jurisdiction to entertain the petition in view of the above-quoted amendment in the. Act.

6. The controversy raised here stand concluded the judgment of this Court rendered in Civil Appeal No,1513 of 1998 (Muhammad Afzal v. Karachi Electric Supply Corporation through its Managing Director, 7th Floor, State Life Building No,11, Karachi, whereby it was held that incorporation of section 2-A in the Act has retrospective effect being an amendment relating to matters pertaining to procedure. The High Court was, therefore, right in disposing the appeal with the observation that the petitioner may approach the Tribunal.

6.Resultantly , the petition is dismissed and .