JM LEGAL ADVICE ICON

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Main relevant case PLJ 1998 Tr. C. (Services) 268

Civil suit against impugned order was pending adjudication in High Court when appellant filed appeal before service Tribunal due to amendment of service Tribunals Act, 1973 whereby scope of Section 2 was extended to employees of autonomous bodies and statutory corporation and other bodies established or controlled by Federal Govt.–Whether civil suit pending in High Court stood abated as apprehended by appellant–Question of–Amending Act of 1997 was enforced with prospective effect and did not include cause of action having arisen in March, 1997 when appellant was not declared as civil servant–Section-6 of Act provides for abatement of only those cases which fall within jurisdiction of Tribunal–By amending Act of 1997, terms and conditions of employees of various autonomous bodies etc: have not been changed–Employees of autonomous bodies and corporation etc: were not functioning as Civil Servants prior to 10.6.1997 and their declaration as civil servants and establishment of Tribunal for them was simultaneous by amending Act–Hence there was no occasion for employees of such bodies to have filed any suit or appeal etc: in his capacity as civil servant which may be held as abated by establishment of Tribunal–Appellant was neither in service of Pakistan on 26.3.1997 or at any date prior to 10.6.1997 nor he had been in service of Pakistan during said period, therefore, jurisdiction of Tribunal does not extend to such matters and consequently Art. 212 of Constitution of Pakistan 1973 would not apply to any suit, appeal or proceeding filed by any employee of autonomous body pertaining to matter accruing on date prior to 10.6.1997, when appellant was not yet in service of Pakistan–Held : Apprehension of appellant that his suit is likely abated in ill founded–Appeal dismissed in limine. PLJ 1998 Tr. C. (Services) 268

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