| Case ID |
107f7edb-ed23-4365-b176-49ce5f8942b2 |
| Body |
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| Case Number |
Civil Petition No.488-K of 2000 |
| Decision Date |
Dec 01, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to consider the contention raised by the employer Corporation regarding the delay in filing the appeal before the Service Tribunal. The Court noted that the employee's right to appeal was established following the introduction of section 2A in the Service Tribunals Act, 1973. However, the appeal was filed with an inordinate delay of nine months, which the Tribunal condoned based on the time consumed in filing a departmental appeal. The Court highlighted that there was no statutory requirement for such a departmental appeal after the abatement of the suit, questioning the validity of the Tribunal's reasoning. Therefore, the operation of the impugned judgment was stayed pending further examination of the points raised by the petitioner. |
| Summary |
In this case, the Supreme Court of Pakistan addressed the procedural intricacies surrounding the appeal process under the Service Tribunals Act, 1973, particularly in the context of an employee's termination from the Cotton Export Corporation. The central issue revolved around the delay in filing an appeal to the Service Tribunal after a civil suit challenging the termination had abated. The Court examined the implications of the newly introduced section 2A in the Service Tribunals Act, which altered the procedural landscape for aggrieved civil servants. The Court's decision emphasized the importance of adhering to statutory requirements and timelines in filing appeals, thereby reinforcing the rule of law within the context of employment disputes. This case serves as a critical reference point for understanding the interplay between civil suits and administrative appeals in the realm of public service employment. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
COTTON EXPORT CORPORATION OF PAKISTAN
|
| Judges |
RASHID AZIZ KHAN,
HAMID ALI MIRZA,
ABDUL HAMEED DOGAR
|
| Lawyers |
M.L. Shahani, Advocate Supreme Court,
K.A. Wahab Advocate-on-Record
|
| Petitioners |
,
COTTON EXPORT CORPORATION OF PAKISTAN through Secretary
|
| Respondents |
others,
F.G. ALVI
|
| Citations |
2001 SLD 1480,
2001 SCMR 1318
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Limitation Act (IX of 1908),
Constitution of Pakistan (1973)
|
| Sections |
2A,
6,
5,
212(3)
|