ABDUL KHALIQ vs SECRETARY, GOVERNMENT OF PAKISTAN and others
This petition for leave to appeal addresses the legal question of whether Section 2-A of the Service Tribunals Act, 1973 possesses retrospective effect. The petitioner challenged an order of the Service Tribunal, which had dismissed his appeal on the premise that the said provision lacked retrospective application. The Supreme Court, referencing its prior rulings in Civil Appeal No. 1513 of 1998 and connected matters, affirmed that the insertion of Section 2-A into the Service Tribunals Act, 1973 is indeed retrospective in nature. Consequently, the Court granted leave to appeal to examine the correctness of the Service Tribunal's decision in light of this established legal position. The Court also noted that the petition was filed with a two-day delay, directing that the issue of limitation be addressed during the hearing of the appeal.
- Does Section 2-A of the Service Tribunals Act 1973 have retrospective effect?
- Is the insertion of Section 2-A in the Service Tribunals Act 1973 applicable to cases pending or arising before its enactment?
- Section 2-A, Service Tribunals Act 1973
ORDER
' IRSHAD HASAN KHAN, J.---The question involved in this petition is whether section 2-A of the Service Tribunal Act, 1973 has retrospective effect.
This Court has already held in C.A. No, 1513 of 1998 and other appeals that insertion of section 2-A
(ibid) has retrospective effect.
2. Leave to appeal is granted to consider whether the Service Tribunal was right in dismissing the appeal of the petitioner on the ground that section 2-A (ibid) has no retrospective effect? The petition is barred by two days. The question of limitation shall be considered at the time of the appeal.