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Appeal No. 362 of 1974, decided on 15th April 1975.

-- S. 6 read with Industrial Relations Ordinance (XXIII of 11969), Ss. 25-A and 36-D-Petition under S. 25-A Industrial Relations, Ordinance, 1969 dismissed due to petitioner being a public servant-Peti tioners simultaneously filing appeal before Service Tribunal and appeal before Labour Court under S. 36-D of Ordinance-Availing of two forums for same cause of action, held, not tenable-Appeal under S. 36-D held, abated as appellant already submitted to jurisdiction of Service Tribunals.

Sadiq Muhammad Warraich for Appellant.

Muhammad Sadiq Abbasi for Respondent.

Appellant filed a petition under section 25-A of the I. R. O., 1960. In the written reply respondent made a preliminary objection that as the appellant falls under the definition of a public servant, therefore, Labour Courts have no jurisdiction. Petition of the appellant was dismissed for want of territorial jurisdiction as well as for lack of general jurisdiction as the appellant was held to be a Public Servant and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1969 and Industrial Relations Ordinance is not applicable to him. Appellant has come in appeal and has also moved the Service Tribunal regarding his dismissal. On 1-2-1975, I held that there could not be two forums for one cause of action. This cast. A was therefore adjourned sine die. Respondent on the instructions of the Government has filed a fresh application with the prayer to dismiss the appeal as having been abated. In this respect case was fixed for 12-4-1975 but learned its counsel requested for an adjournment as he was not ready with his argument. So it was adjourned to 14-4-1975. Learned counsel for the appellant appeared 1 in the morning and requested that as he has to appear in the Supreme Court, 31 therefore his case may be taken at the end of the day. But till 2 p. m. learned counsel has not appeared, therefore I have heard only the learned counsel for the respondent.

2. Learned counsel for the respondent has referred me to section 6 of the Service Tribunals Act 1973 which is to the effect that all appeals, etc., regarding any matter within the jurisdiction of a Tribunal pending in any Court at the time of commencement of this Act shall abate forthwith. Appellant has already submitted to the jurisdiction of the Service Tribunal by l filing his case in the Service Tribunal. This appeal therefore stands abated.

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