Malik MUMTAZ AHMED and others vs FEDERAL SERVICE TRIBUNAL and others

1. ' SAIDUZZAMAN SIDDIQUI, C.J.---In the above mentioned 50 cases, the appeals preferred by the appellants before the Hon'ble Service Tribunal were dismissed as not maintainable on the ground that the provisions of section 2-A which was added in Service Tribunals Act, 1973 (hereinafter to be referred to as 'the Act'), was prospective in operation and therefore, the appellants, whose services were terminated before coming into force of section 2-A of the Act, were not entitled to avail of the remedy which became available to them as a result of insertion of section 2-A (ibid) in the Act. The view taken by the learned Tribunal runs contrary to the view expressed by this Court in the case of Muhammad Afzal v. Karachi Electric Supply ,Corporation (1999 SCM R 92), Ghulam Mustafa Khairati v. Federation of Pakistan (1998 SCM R 1603) and Aftab Ahmed v. K.E.S.C. (1999 SCM R 197).

2. In all the above mentioned three reported decisions, the view taken by this Court was that the amendment brought about in the Service Tribunals Act, 1973 by insertion of section 2-A, was procedural in nature and therefore, it was retrospective in operation and therefore, it applied to the pending cases as well as to the cause of action which arose prior to the insertion of section 2-A in the Act. We, accordingly, allow these appeals, set aside the impugned judgments of the learned Service Tribunal and remand the cases to the Service Tribunal for decision in accordance with law.

3. There will, however, be no order as to costs.