Pakistan Case Law
1998 SCMR 2742

SECRETARY, MINISTRY OF SCIENCE AND TECHNOLOGY and others vs NASRULLAH KHAN and anothers

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Citation1998 SCMR 2742
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1134 of 1997 Appeal No,373(R) of 1997
Date1998-03-03
Judge(s)Nasir Aslam Zahid, Munawar Ahmad Mirza and Abdur Rehman Khan
ResultLeave refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter originated as a petition for leave to appeal filed by the Secretary, Ministry of Science and Technology, challenging a decision of the Service Tribunal regarding the employment status of the respondent, Nasrullah Khan. The core legal question before the Supreme Court was whether an employee serving in an organization established merely by a government resolution, which lacks the status of a legal entity, is entitled to invoke 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. Relying on established precedents, including Mrs. M.N. Arshad and others v. Mrs. Naeema Khan and others, Saeed Rabbani v. Director-General, Leather Industry Development Organization and another, Chairman, Pakistan Broadcasting Corporation, Islamabad v. Nasir Ahmad and others, and Dr. Rashid Anwar v. Federation of Pakistan, the Court held that the Service Tribunal had correctly adjudicated the matter. Consequently, the Supreme Court dismissed the petition and refused leave to appeal, affirming the Tribunal's decision.

Questions settled in this judgment
  • Whether an organization formed by a government resolution without being a legal entity can be sued in the Service Tribunal?
  • Does an employee of a non-legal entity organization have the right to approach the Service Tribunal for service-related grievances?
Service Tribunal jurisdictionlegal entitygovernment resolutionemployment statusleave to appealstatutory body

ORDER

1. Admittedly respondent No,1, Nasrullah Khan has been serving is 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.

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