| Case ID |
ffc61feb-bbb0-41a7-af93-0a33d4e179bc |
| Body |
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| Case Number |
171(L) of 1986 |
| Decision Date |
Oct 19, 1986 |
| Hearing Date |
Oct 14, 1986 |
| Decision |
The case revolves around the jurisdiction of the Federal Service Tribunal concerning the appellant, Mushtaq Ahmad, who was an employee of Ittehad Chemicals Ltd. The Tribunal ruled that only individuals classified as 'civil servants' under the Service Tribunals Act can invoke its jurisdiction. The Tribunal dismissed the appeal on the grounds that Ittehad Chemicals does not qualify as a government department, and thus its employees, including the appellant, do not meet the definition of 'civil servant'. The final decision emphasized the limitations of the Tribunal's jurisdiction and reaffirmed that employees of statutory corporations are not considered civil servants, concluding that the appeal was dismissed in limine for lack of jurisdiction. |
| Summary |
In the case of Mushtaq Ahmad vs. Dr. A.K. Qureshi, the Federal Service Tribunal addressed the critical issue of jurisdiction under the Service Tribunals Act of 1973. The appellant, Mushtaq Ahmad, sought to invoke the Tribunal's jurisdiction as an employee of Ittehad Chemicals Ltd. However, the Tribunal clarified that only individuals classified as 'civil servants' could bring forth appeals. The decision hinged on the interpretation of the term 'civil servant' within the context of the law, leading to the conclusion that employees of private corporations do not fall under this definition. The ruling underscored the importance of understanding the jurisdictional boundaries of service tribunals in Pakistan, particularly regarding the employment status of individuals within statutory corporations. This case serves as a pivotal reference for future disputes involving employees in similar positions, highlighting the necessity for legislative clarity on the definitions and rights of civil servants versus corporate employees. Legal practitioners and entities should be aware of these distinctions to navigate employment-related disputes effectively. The outcome of this case emphasizes the need for employees of private corporations to seek alternative legal remedies outside the purview of service tribunals, reinforcing the legal framework surrounding civil service employment in Pakistan. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Ittehad Chemicals Ltd.
|
| Judges |
JUSTICE SHAH ABDUR RASHID,
CH. A. RAHMAN KHAN
|
| Lawyers |
K.M.A. Samdani
|
| Petitioners |
MUSHTAQ AHMAD
|
| Respondents |
2 others,
Dr. A.K. QURESHI, MANAGING DIRECTOR, ITTEHAD CHEMICALS LTD.
|
| Citations |
1987 SLD 1052,
1987 PLC 192
|
| Other Citations |
Farid Ahmad v. Karachi Shipyard and Engineering Works P L D 1983 Kar. 576,
Muhammad Afzal Khan v. Karachi Development Authority P L D 1984 Kar. 114,
Joseph v. Secretary, Ministry of Communications 1983 P L C (CS) 600,
Amir Ali v. Chairman. C.D.A. 1980 P L C (CS) 335,
University of Baluchistan v. Saeed Muhammad Khan 1986 S C M R 1063
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Civil Servants Act (LXXI of 1973)
|
| Sections |
4,
2
|