Federal Service Tribunals Act, 1973

  1. S. 2-A — The right of appeal — The employees of any authority, corporation, body or organization established by or under a federal law or controlled by Federal Government and service in any other such institutions, in which the Federal Govt. had a controlling share or interest, shall be a service of Pakistan and a right of appeal has been provided to the employees of such institutions before the Federal Service Tribunal against any order passed adverse to their interests — After insertion of the above provision all applications pending before any other Court by operation of law stood abated — Labour Court Mirpur had no jurisdiction to pass any order. Zulfiqar Ali Mallick  v. Zonal Chief Habib Bank Limited & 6 others 2004 SCR 341 (A)
  2. S. 2-A — Retrospectivity  of — Incorporation of section 2-A relates to procedure and forum provided to the employees of such authority or organization established by or under a Federal Law — After the insertion of this provision the Bank employees can seek the redressal of the grievances before the Federal Service Tribunal — The aforesaid section shall operate retrospectively as no saving clause has been incorporated — In absence of any contrary intention it has affected the pending cases — Aggrieved employees after the insertion of the amendment have no option but to avail the appellate jurisdiction of the Federal Service Tribunal. Zulfiqar Ali Mallick v. Zonal Chief Habib Bank Limited & 6 others 2004 SCR 341 (B) 1990 SCMR 1603 ref.
  3. S. 2-A was incorporated in Federal Service Tribunal Act — United Bank Ltd. was in the ownership of Federal Government like other scheduled banks — Employees of the banks/ corporations owned by the Federal Government were declared as civil servants for the purpose of appeal — This amendment was adopted by AJ&K Council — This Court and High Court in number of cases held that the remedy by way of appeal before Federal Service Tribunal is available to employees of banks and dismissed a number of writ petitions filed by bank employees — Same proposition of law applied to the employees of United Bank Ltd., but it was privatized on 10.2.2003 — Held: United Bank Ltd. after being privatized on 10.2.2003 is not in the ownership of Federal Government nor has it controlling shares, therefore, there is no question of application of section 2-A of Federal Service Tribunals Act, 1973 in the case of employees of united Bank Ltd. Supreme Court of Pakistan has declared section 2-A against the provisions of Constitution of Pakistan, therefore, there is no question of not following the judgments of this Court.  Shoukat Usman v. United Bank Limited and 6 others 2010 SCR 173 (A)
  4. S. 3 of AJK Service Tribunal Act, 1973 — Amendment — There is no amendment in terms that only a civil servant who is serving can seek the redressal from the Service Tribunal and not one who is retired. M. SHAFI BUTT vs. HABIB BANK LIMITED & 3 others 2002 SCR 433 (A)
  5. —Section 4(1) (a)—remedy for aggrieved civil servant— Departmental appeal, review and representation—limitation 30 days —appeal before the Service Tribunal— on elapse of 90 days of departmental appeal—argument: appeal before the Service Tribunal cannot be filed before the decision on the departmental appeal is made. Held: section 4(1) (a) of the Service Tribunals Act, 1973, postulates that an aggrieved civil servant has to file an appeal, review or representation before the departmental authority within 30 days and unless the period of 90 days is elapsed from the date of filing of departmental appeal, he cannot file appeal before the Service Tribunal. Argument based on misconception and repelled. Haqnawaz Abbasi vs Chairman AJ&K Council 2018 SCR 156 (A)
  6. —S.4(1)(a)–AJ&K Service Tribunal Act, 1975—S.4 appeal—limitation—comparison distinction between two provisions—the distinction regarding the limitation for filing of appeal is that a period of 90 days from the date of original order has been provided for filing of appeal before the Service Tribunal in AJ&K Service Tribunals Act, 1975 and the provision for filing departmental appeal, review or representation is not mandatory, whereas, in the Service Tribunals Act, 1973, the limitation has been provided as 120 days from the date of original order and the provision of filing of departmental appeal, review or representation is mandatory. Haqnawaz Abbasi vs Chairman AJ&K Council 2018 SCR 156  (B)
  7. S. 6 — All employees of the departments which fall within the jurisdictional competence of the Council could at that time avail the appellate jurisdiction of the Federal Service Tribunal for the redressal of their grievance — Recently the AJ&K Council Service Tribunal has been established in AJ&K — Till the establishment of this tribunal the employees of the departments under the jurisdictional control of the Council used to avail the appellate jurisdiction of Federal Service Tribunal — After the insertion of S.2-A of the Act all proceedings pending before any Court or tribunal stood abated and within next ninety days the aggrieved party was entitled to avail the appellate jurisdiction of Federal Service Tribunal. MUHAMMAD ASLAM VS. SENIOR VICE PRESIDENT and 4 others 2002 SCR 371 (A)
  8. —Appeal before Service Tribunal—Limitation for— admittedly the appellant filed appeal against the original order after a period of more than one year, the appeal before the Service Tribunal was hopelessly time barred and liable to be dismissed on this sole ground as the appellant has to file the appeal within a period of 120 days from the date of original order. Haqnawaz Abbasi vs Chairman AJ&K Council 2018 SCR 156 (C)
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