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MUHAMMAD ASIF versus PRIME MINISTER


Service Tribunals Act 1973 Section 2A [as amended by Service Tribunals (Amendment) Act (XVII of 1997]], Sections 4 and 6 of Pakistan (1973), Arts 199 and 212 (2) Civil Procedure Code (v. 1908) , Appeal to employees of Section 11 employment was dismissed by the Labor Appellate Tribunal constitutional application before the Service Tribunal Maintenance Race Judesta Appellant, who was an employee of the independent body, was dismissed from the job on disciplinary proceedings, but was dismissed. Challenged his dismissal before the Labor Court. After his appeal against the Labor Court order failed, he filed a constitutional petition pending, amending the Service Tribunals Act 1973, whereby employees of independent institutions were declared as appellants as public servants. Was granted, an appeal filed before the Service Tribunal in view of this amendment. That the Appellate Tribunal, which was the last court to appeal the facts and legal matters, denied the correctness of the said amendment to the pending litigation before the High Court, served to the employees of the Statutory Corporation suffering from the treatment available to the appellant. The amendment of the Tribunals Act 1973 resulted in the declaration of civil servant by law fiction. Prior to such an amendment, Pakistan was not considered to be present in the service and the pending cases in any court were to continue till their usual result if a case or appeal or other proceeding was filed regarding the terms and conditions of service decision. And the verdict would have been finally heard. , Such a default issue cannot be reopened even before the service tribunal.

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