ABDUL KHALIQ, PRIMARY TEACHER, PRIMARY SCHOOL, RAJKOT, TEHSIL AND DISTRICT MUZAFFARABAD vs ZAHEER AHMED and 4 others
This civil appeal arises from a judgment of the Service Tribunal, which had dismissed an employee's service appeal as not maintainable because it challenged letters rather than final departmental orders regarding terms and conditions of service. Despite dismissing the appeal, the Tribunal issued a direction to the District Education Officer to investigate the dispute and pass a final order. The core legal question is whether the Service Tribunal possesses the jurisdiction to issue such directions or exercise suo motu powers after finding an appeal before it to be non-maintainable. The Supreme Court of Azad Jammu and Kashmir held that the Tribunal acted without legal warrant, as its statutory powers under section 5 of the Service Tribunals Act are strictly confined to confirming, setting aside, varying, or modifying the specific order appealed against, and it possesses no suo motu powers. The Supreme Court laid down the principle that upon determining an appeal is non-maintainable or unsustainable, the Tribunal is divested of any further authority to issue ancillary directions or orders outside its statutory mandate.
- Does a Service Tribunal have the power to issue directions after dismissing an appeal as not maintainable?
- Whether the Service Tribunal possesses suo motu powers to investigate disputes between parties?
- What are the statutory powers of the Service Tribunal under the Service Tribunals Act?
- Can the Service Tribunal pass orders outside the scope of confirming, setting aside, varying, or modifying the order appealed against?
- Section 4, Service Tribunals Act
- Section 5(1), Service Tribunals Act
1. ' BASHARAT AHMAD SHAIKH, J.---Respondent Zaheer Ahmad filed appeal before the Service Tribunal which was dismissed by holding that Zaheer Ahmad had filed appeal against certain letters which were not orders,therefore, his appeal was not maintainable. It was also that in any case letters did not amount to final orders in respect of terms and conditions of service within the meaning of section 4 of the Service Tribunal Act. This finding has not been challenged by Zaheer Ahmad and has, thus, attained finality.
2. ' However, the Tribunal also passed the following order:- "(6) Therefore, in the aforementioned circumstances the appeal filed by the appellant is dismissed being unsustainable. However, the District Education Officer Elementary (Male) Muzaffarabad is directed to investigate the dispute between the appellant and respondent No,5 and pass a final order."
3. ' Respondent No,5 before the Tribunal, Abdul Khaliq, has filed this appeal with leave of the Court to challenge the direction given by the Tribunal. It is submitted by Mr. Farooq Hussain Kashmiri, his learned counsel, that after the appeal was not maintainable, the order passed by the Tribunal is without jurisdiction. His contention is opposed by the learned Advocate-General, Raja Sheraz Kayani.
4. In our view the direction reproduced above has been given by the Service Tribunal without legal warrant. The powers of Service Tribunal are given in subsection (1) of section 5 of the Service Tribunals Act which reads as follows:-- "(5) Power of Tribunal.---(1) A Tribunal, may, on appeal, confirm, set aside, vary or modify the order appealed against."
5. ' The phraseology of the legal provision reproduced above shows that the Tribunal can only act on an appeal and has no suo mom powers to issue any direction or pass any order. After finding that the appeal filed by Zaheer Ahmad was not maintainable no power was left in the Tribunal to issue any direction. It is also clear from the provisions reproduced above that the Tribunal may confirm, set aside, vary or modify an order against which appeal has been filed before it. The direction given by the Service Tribunal is not covered by any of the actions mentioned above.
6. ' Therefore, the appeal is accepted and the direction given by the Tribunal in para.6 of its judgment is vacated. The result is that the appeal filed by Zaheer Ahmed before the Service Tribunal shall stand dismissed in toto.
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- MUHAMMAD ANAYET GONDAL vs The REGISTRAR, LAHORE HIGH COURT, LAHORE and another 2015 PLC (C.S.) 1210
- MUHAMMAD ANAYET GONDAL vs The REGISTRAR, LAHORE HIGH COURT, LAHORE and anothers 2015 PLC (C.S.) 1210, 2015 PLJ 641, 2015 SCMR 821
- ZAHEER AHMED SHEIKH vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR 2014 PLC (C.S.) 56
- Mst. SAIQA BIBI vs SECRETARY EDUCATION and 7 others 2002 PLC (C.S.) 797
- Sardar MUHAMMAD ASHRAF KHAN, CHIEF ENGINEER,P.W.D., MUZAFFARABAD 2002 PLC (C.S.) 687
- BASHARAT HUSSAIN and 4 others vs MUHAMMAD IMTIAZ KHAN and 3 others 2004 PLC (C.S.) 1022