IMTIAZ BUTT and others vs CHAIRMAN, PAKISTAN INTERNATIONAL AIRLINES CORPORATION, KARACHI
This civil appeal arose from the dismissal of the appellants' service-related appeals by the Federal Service Tribunal as time-barred. The appellants, who were removed from service in September 1989, had initially filed grievance petitions before the Labour Court. Following a series of transfers, dismissals for non-prosecution, and subsequent restorations, the Labour Court on 3 June 1998 directed the appellants to approach the Service Tribunal due to the insertion of Section 2-A in the Service Tribunals Act 1973. The appellants filed their appeals before the Service Tribunal on 16 June 1998, which were subsequently dismissed as time-barred. The Supreme Court of Pakistan held that since the appeals were filed before the Service Tribunal within less than one month from the date the Labour Court proceedings were declared abated, the Service Tribunal was not justified in dismissing them as time-barred. The Supreme Court allowed the appeals, set aside the impugned order, and remanded the cases to the Service Tribunal for decision on the merits.
- Whether an appeal filed before the Service Tribunal within less than one month from the date of abatement of Labour Court proceedings under Section 2-A of the Service Tribunals Act 1973 can be dismissed as time-barred?
- What is the effect of the insertion of Section 2-A of the Service Tribunals Act 1973 on pending grievance petitions before the Labour Court?
- Section 2-A, Service Tribunals Act 1973
1. ' SAIDUZZAMAN SIDDIQUI, C.J.---The appellants were removed from service on 5-9-1989 and 10-9- 1989 respectively. The appellants, after exhausting departmental remedy and serving grievance notice on the respondent, filed their grievance petitions before the Labour Court, Rawalpindi. The Labour Court, however, for personal reasons, was not willing to hear these cases. Accordingly, the cases were referred to Punjab Labour Appellate Tribunal by Labour Court, Rawalpindi, for transfer to some other Labour Court. Punjab Labour Appellate Tribunal transferred these oases to the Labour Court No, 1 at Lahore The Labour Court at Lahore returned these petitions on 4-6-1996 to the Punjab Labour Appellate Tribunal for entrustment to a competent Court at Rawalpindi. The Appellate Tribunal accepted the 'request and withdrew the cases from Labour Court No,1 at Lahore and transferred them to the Labour Court at Rawalpindi again as the presiding Officer of that Court in the meantime was transferred. The appellants were directed to appear before the Labour Court at Rawalpindi on 26-6-1996. However, as the appellants did not appear before the Labour Court, Rawalpindi, on the date these petitions were dismissed for non-prosecution. The applications for restoration of grievance petitions were also dismissed on 29-4-1997. The appellants, thereafter, preferred an appeal before the Punjab Labour Appellate Tribunal against the order of Labour Court, Rawalpindi dismissing their grievance petitions for non-prosecution. The appeals were allowed on 25-4-1998 and the grievance petitions were restored with direction to the appellants to appear before Labour Court at Rawalpindi on 14-5-1998. The appellants, accordingly, appeared before the Labour Court at Rawalpindi when their petitions were registered and notices were issued to the parties for 3-6-1998. However, on 3-6-1998 the petitioners were directed to avail remedy before the learned Service Tribunal on account of insertion of section 2-A in the Service Tribunals Act, 1973. The appellants, accordingly, preferred their appeals before the Service Tribunal on 16-6-1998.
2. In these circumstances, it is quite clear that the appeals filed before the Service Tribunal were within a period of less than one month from the date proceedings were declared abated and therefore, in our view, the learned Service Tribunal was not justified in dismissing the appeals as time-barred. We, accordingly allow these appeals, set aside the order of the Service Tribunal and remand the cases to Service Tribunal with the direction to dispose of these cases on merits in accordance with the law. There will, however, be no order as to costs.