GULZEB HUSSAIN vs SUI NORTHERN GAS PIPELINES LIMITED and 2 others
This matter concerns a petition for leave to appeal against a judgment of the Federal Service Tribunal, which had dismissed the petitioner's appeal against the termination of his services. The core legal question was whether Section 2-A of the Service Tribunals Act, 1973, introduced by Act No. XVII of 1997, which deemed employees of statutory corporations as civil servants, possessed retrospective effect, thereby granting the Tribunal jurisdiction over termination orders passed prior to the amendment's enactment. The Federal Service Tribunal had originally held that the amendment was not retrospective and thus lacked jurisdiction. The Supreme Court, relying on its precedent in Syed Aftab Ahmad v. K.E.S.C., held that Section 2-A is retrospective in operation as it relates to procedural law. Consequently, proceedings pending before other forums regarding departmental orders made before the insertion of Section 2-A must be transferred to the Service Tribunal. The Court set aside the Tribunal's judgment, condoned the delay in filing, and remanded the case to the Tribunal for a decision on the merits.
- Is Section 2-A of the Service Tribunals Act 1973 retrospective in its operation?
- Does the Federal Service Tribunal have jurisdiction over termination orders passed against employees of statutory corporations prior to the enactment of Section 2-A of the Service Tribunals Act 1973?
- Should proceedings pending before other forums regarding departmental orders made before the insertion of Section 2-A of the Service Tribunals Act 1973 be transferred to the Service Tribunal?
- Section 2-A, Service Tribunals Act 1973
- Section 25-A, Industrial Relations Ordinance 1969
' MUNIR A. SHEIKH, J.---Leave to appeal is sought against the judgment, dated 28-11-1997 of the Federal Service Tribunal through which the appeal filed by the petitioner against, the order of termination of his services, dated 5-2-1990 has been dismissed on the ground that section 2-A added through Act No,XVII of 1997 in the Service Tribunals Act declaring employees of statutory corporations as civil servants for purposes of the said Act was not retrospective in its operation.
2. The petitioner was appointed as Lift Operator in Sui Northern Gas Pipelines Limited in April, 1989.
His services were terminated by order, dated 5-2-1990. He challenged the said order under section 25-A of the I.R.O., 1969. During the pendency of the said petition, section 2-A was added through amending Act No,XVII of 1997 in the Service Tribunals Act, 1973 through which it was provided that any employee of Statutory Corporation or authority etc. Under the control of the Federal Government would be deemed to be a civil servant for the purposes of the said Act. The petitioner filed appeal before the Federal Service Tribunal being an employee of respondent-company which was under the control of Federal Government, as such, was within the ambit of section 2-A of the Act. The appeal has been dismissed by the said Tribunal on the ground that the said amendment was not retrospective in operation and the order passed before coming into force of the said amending Act, 1997 and the proceedings already pending against the order passed before that in any Court remained unaffected and could be continued as such, Service Tribunal was not vested with any jurisdiction to entertain the appeal in this matter.
3. Learned counsel for the petitioner has placed reliance on the judgment reported as Syed Aftab Ahmad and others v. K.E.S.C. And others (1999 SCM R 197) in which this Court has held that section 2-A was retrospective in its operation being a law relating to procedure, as such, all the proceedings pending before any forum other than the Federal Service Tribunal in respect of departmental order made before insertion of the said section could no longer continue and the only remedy was to approach the Service Tribunal. Learned counsel for the respondents frankly conceded that the appeal before the Federal Service Tribunal was maintainable in view of the law declared by this Court and the view taken by the Service Tribunal was not correct which had resulted in refusal to exercise powers vested in.It under the law to entertain the appeal and decide the same on merits and he has no objection if the, impugned judgment of the Tribunal is set aside and it be directed to decide the appeal of the petitioner on merits.
4. The Office has reported that this petition is barred by one day .Learned counsel for the respondents has no objection to condone delay in order to do complete justice. Delay of one day in filing this petition is, therefore, condoned.
5. With consent, this petition is converted into appeal and the same is accepted. The impugned judgment, dated 28-11-1997 of the Service Tribunal is set aside and the case is remanded to the said Tribunal to decide the appeal on merits. There will be, however, no order as to costs.