SECRETARY, MINISTRY OF SCIENCE AND TECHNOLOGY and others vs NASRULLAH KHAN and another
This petition for leave to appeal arose from a dispute concerning the employment status of the respondent, Nasrullah Khan, who served in an organization established via a government resolution. The core legal question before the Supreme Court was whether an employee serving in an organization created by a government resolution, which lacks the status of a legal entity, falls within the jurisdiction of the Service Tribunal. The Supreme Court examined the nature of the respondent's employer and determined that the organization in question did not constitute a legal entity capable of being sued or treated as a statutory body for the purposes of service law jurisdiction. Relying on established precedents, including Mrs. M.N. Arshad v. Mrs. Naeema Khan, Saeed Rabbani v. Director-General, Leather Industry Development Organization, Chairman Pakistan Broadcasting Corporation v. Nasir Ahmad, and Dr. Rashid Anwar v. Federation of Pakistan, the Court upheld the decision of the Service Tribunal. The Court concluded that the Service Tribunal had correctly adjudicated the matter, finding no grounds for interference, and consequently dismissed the petition and refused leave to appeal.
- Does an organization formed solely by a government resolution without independent legal status qualify as a legal entity for service law purposes?
- Is the decision of a Service Tribunal regarding the employment status of an individual in a non-legal entity organization subject to interference by the Supreme Court?
ORDER
1. Admittedly respondent No,1 Nasrullah Khan has been serving in an organization formed on the basis of a resolution passed by the Government. The organization was not a legal entity. In view of the following decisions of the Supreme Court we are of the view that the Service Tribunal has taken a correct decision and no case for interference Is made out:-- ' PLD 1990 SC 612 (Mrs. M.N. Arshad and others v. Mrs. Naeema Khan and others) PLD 1994 SC 123, (Saeed Rabbani v. Director-General, Leather Industry Development Organization and another) 1995 SCM R 1593 (Chairman Pakistan Broadcasting Corporation, Islamabad v. Nasir Ahmad and others) and 1996 SCM R 1572 (Dr. Rashid Anwar v. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others).
2. ' As a result this petition is dismissed and leave is refused.