TAWAB KHAN & 8 Other vs PAKISTAN TELECOMMUNICATION COMPANY LTD.
This matter concerns a petition for leave to appeal against an order of the Federal Service Tribunal, Islamabad, which dismissed the petitioners' appeal on the grounds of limitation. The core legal question before the Supreme Court was whether the Tribunal correctly applied the law of limitation following the insertion of Section 2-A into the Service Tribunals Act, 1973, which brought employees of certain statutory corporations within the jurisdiction of the Service Tribunal. The Supreme Court granted leave to appeal to examine the correctness of the Tribunal's dismissal in light of established precedents, specifically referencing cases such as Muhammad Afzal v. Karachi Electric Supply Corporation and Syed Aftab Ahmad v. K.E.S.C. The Court directed that the appeal be fixed for hearing alongside other similar matters involving the same legal issue regarding the bar of limitation arising from the statutory amendment. The holding establishes that the legal implications of the insertion of Section 2-A regarding limitation periods require further judicial consideration by the Supreme Court to ensure consistent application of the law across similar service-related disputes.
- Does the insertion of Section 2-A into the Service Tribunals Act 1973 create a bar of limitation for appeals filed by employees of statutory corporations?
- Was the Federal Service Tribunal correct in dismissing an appeal as time-barred following the legislative changes introduced by Section 2-A of the Service Tribunals Act 1973?
- Section 2-A, Service Tribunals Act 1973
ORDER
1. MUHAMMAD BASHIR JEHANGIRI, J.- Leave to appeal is granted to consider whether the Federal Service Tribunal, Islamabad was not right in dismissing the appeal as barred by the, after insertion of Section 2-A, in the Service Tribunals Act, 1973, on the basis of the authorities in these cases: (i)
2. Muhammad Afzal v. Karachi Electric Supply Corporation and 2 others (1999 SCM R 92); (ii) Syed Aftab Ahmad and others v. K.E.S.C, and others (1999 SCMR 97); and Muhammad Khalil v. Chairman, C.D.A, and 2 others, C.P. No. 1700 of 1998, decided on 18-5- 1999 and Ghulam Sarwar Bhutto v. Chief Secretary to Government of Sind and others (Civil Petition No. 604-K of 1998, decided on 5-4-1999 (2000. SCMR 104) = (KLR 2000 SC (Pak) 220).
3. Office is directed to fix the appeal arising out of the titled C.P.S.L.As. And all the other appeals involving the afore-mentioned points of bar of limitation arising out of insertion of Section 2-A in the Federal Service Tribunals Act, (LXX of 1973).
4. The appeals shall be listed for hearing in Court soon after the summer vacations. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.