| Case ID |
ff2f3a5b-399d-4b30-8ce3-5a66cda3113e |
| Body |
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| Case Number |
Appeal No. 42 (R) of 1978 |
| Decision Date |
|
| Hearing Date |
Dec 06, 1978 |
| Decision |
The appeal of Aftab Ahmad Mirza was rejected due to lack of jurisdiction as his reversion and reduction in rank were not made under the relevant provisions of the Corporation Employees (Special Powers) Ordinance, 1978. The Tribunal concluded that the appellant did not meet the criteria for appeal as outlined in previous rulings, specifically the Amir Ali v. Chairman, Capital Development Authority case. The appellant's claims regarding his substantive status as Director were dismissed, affirming that the actions taken against him were not appealable before the Tribunal under the existing laws. |
| Summary |
This case revolves around the appeal filed by Aftab Ahmad Mirza against Pakistan National Council of the Arts regarding his reversion from the position of Director to Deputy Secretary. The primary legal framework involved includes the Corporation Employees (Special Powers) Ordinance, 1978, and the Service Tribunals Act, 1973. The Tribunal deliberated on the jurisdictional limits imposed by these laws and previous case law, determining that the appellant's circumstances did not grant him the right to appeal. The decision highlights the importance of understanding the specific provisions that govern employment status and the rights of employees within statutory bodies. Keywords include 'Service Tribunal', 'Corporation Employees Ordinance', 'jurisdiction', 'employment law', and 'statutory bodies'. The ruling emphasizes the legal distinctions that impact an employee's ability to seek redressal in service matters. |
| Court |
Service Tribunal, Pakistan
|
| Entities Involved |
PAKISTAN NATIONAL COUNCIL OF THE ARTS
|
| Judges |
SHAH ABDUR RASHID (CHAIRMAN),
A. Q. K. AFGHAN,
N. A. CHOUDHURY,
B. G. N. KAZI
|
| Lawyers |
M. S. Siddiqui
|
| Petitioners |
AFTAB AHMAD MIRZA
|
| Respondents |
PAKISTAN NATIONAL COUNCIL OF THE ARTS
|
| Citations |
1980 SLD 1383,
1980 PLC 329
|
| Other Citations |
Amir Ali v. Chairman, Capital Development Authority, Islamabad Appeal No. 34 (R) of 1978 (unreported),
Salahuddin v. Frontier Sugar Mills P L D 1975 S C 244,
Muhammad Salim Khan v. WAPDA P L D 1976 Lah. 492
|
| Laws Involved |
Corporation Employees (Special Powers) Ordinance, 1978,
Service Tribunals Act, 1973
|
| Sections |
3,
5,
4
|