| Case ID |
0aefe347-0565-4a94-93ab-ce26d5ff68e1 |
| Body |
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| Case Number |
Suit No. 112 of 1980 |
| Decision Date |
Nov 16, 1995 |
| Hearing Date |
Nov 06, 1995 |
| Decision |
The Sindh High Court ruled that the plaintiff's suit stands abated due to the amendments made in the Sindh Service Tribunals Act, which deemed the local council service employees as civil servants. As such, the appropriate remedy for the plaintiff was to approach the Sindh Service Tribunal as per Article 212 of the Constitution. The court highlighted that the amendment also brought about the abatement of any pending cases related to the terms and conditions of service for local council employees. Therefore, the plaintiff's claims regarding the seniority and appointment of the defendants were rendered moot due to his retirement and the application of the new legal provisions. |
| Summary |
This case revolves around the legal implications of amendments to the Sindh Service Tribunals Act (XV of 1973) regarding local council employees. The plaintiff, Muhammad Ashraf Soomro, an employee who sought a declaration of seniority over his colleagues, faced challenges due to legislative changes that classified local council employees as civil servants. The court examined the amendments and decided that such changes abated the plaintiff's suit, necessitating him to seek remedies through the Sindh Service Tribunal. The judgment underscores the importance of understanding the jurisdictional boundaries established by the Constitution and the relevant service laws. It emphasizes that employees classified as civil servants must follow the prescribed legal channels for grievances related to service matters. The ruling serves as a precedent for future cases involving the rights of local council employees and the application of service tribunal jurisdiction. |
| Court |
Sindh High Court
|
| Entities Involved |
Government of Sindh,
Sindh Local Government Board
|
| Judges |
SYED DEEDAR HUSSAIN SHAH, J
|
| Lawyers |
Mr. Rasheed Akhtar,
Mr. Himayat Ali Pirzada,
Mr. Manzoor Ali Khan
|
| Petitioners |
MUHAMMAD ASHRAF SOOMRO
|
| Respondents |
4 others,
SINDH LOCAL GOVERNMENT BOARD, HOUSING TOWN. PLANNING AND LOCAL GOVERNMENT DEPARTMENT, GOVERNMENT OF SINDH through Chairman, Sindh Secretariat, Karachi
|
| Citations |
1996 SLD 536,
1996 PLC 501
|
| Other Citations |
Abdul Bari v. Government of Pakistan and 2 others PLD 1981 Karachi 290,
Syed Tanweer Ahmed Naqvi v. The Administrator, K.M.C. and 2 others C.P.D. 1384 of 1995
|
| Laws Involved |
Sindh Service Tribunals Act (XV of 1973),
Specific Relief Act (I of 1877),
Constitution of Pakistan (1973)
|
| Sections |
3,
42,
212
|