TAWAB KHAN and 8 others vs PAKISTAN TELECOMMUNICATION COMPANY
This matter concerns the grant of leave to appeal by the Supreme Court of Pakistan to determine whether the Federal Service Tribunal correctly dismissed an appeal on the grounds of limitation. The core legal question is whether the insertion of Section 2-A into the Service Tribunals Act, 1973, impacts the calculation of limitation periods for appeals filed by employees of statutory corporations. The Court, in granting leave to appeal, seeks to resolve the inconsistency or legal uncertainty regarding the application of the limitation bar in light of previous judicial 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 appeals be fixed for hearing following the summer vacations to address whether the Tribunal's dismissal based on time-bar was legally sound following the statutory amendment. This decision establishes the necessity for a definitive ruling on the interplay between the statutory inclusion of employees under the Service Tribunals Act and the procedural requirements of limitation.
- Does the insertion of Section 2-A in the Service Tribunals Act 1973 affect the limitation period for filing appeals before the Federal Service Tribunal?
- Was the Federal Service Tribunal correct in dismissing an appeal as time-barred following the enactment of 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 time, after insertion of section 2-A, in the Service Tribunals Act, 1973, on the basis of the authorities in these cases: (i) Muhammad Afzal v. Karachi Electric Supply Corporation and 2 others (1999 SCM R 92), (ii)
2. Syed Aftab Ahmad and others v. K.E.S.C. And others (1999 SCMR 97) and Muhammad Khalil v.
3. Chairman, CDA and 2 others (C.P. No.1700 of 1998, decided on 18-5-1999), and Ghulam Sarwar Bhutto v. Chief Secretary to Government of Sindh and others (Civil Petition No 604-K of 1998, decided on 5-4-1999 (2000 SCM R 104)).
4. ' Office is directed to fix the appeal arising out of the titled C.P.S.L.As and all the other appeals involving the aforementioned points of bar of limitation arising out of insertion of section 2-A in the Federal Service Tribunals Act, (LXX of 1973).
5. ' The appeals shall be listed for hearing in Court soon after the summer vacations.
Cited by 3 cases
- Pir NAZIR AHMAD SHAH Versus GOVERNMENT OF PAKISTAN 2002 PLC(CS) 953
- Pir NAZIR AHMAD SHAH vs GOVERNMEMT OF PAKISTAN through Secretary, States and Frontier Regions Division, Islamabad & 2 others 2002 C.L.R. 1304
- Pir NAZIR AHMAD SHAH vs GOVERNMENT OF PAKISTAN through Secretary, States and Frontier Regions Division, Islamabad and 2 others 2002 SCMR 947