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Appeal No. 78 of 1975, decided on 18th February 1976
‑‑ S. 6‑Appeal filed before High Court on 20‑5‑74 (subsequent to 6‑5‑1974 i.e. date of extension of provisions of Art. 212(2) of Constitu tion to Tribunal‑Abatement order passed by High Court on such appeal (not pending on 6‑5‑1974), held, would not confer jurisdiction on Tribunal under S. 6‑Constitution of Pakistan (1973), Art. 212(2).
Abdul Sattar G. Shaikh, Asstt. A: G. for Appellant,
Faiz Muhammad G. Soomro for Respondent
‑Appellant by A. A: G. respon dent by Mr. Faiz Muhammad. He has produced the certified copy of memo. of appeal from the High Court which shows that the appeal was filed by the Govt. of Sind on 20‑5‑74. This shows that the appeal in the High Court was not pending immediately before the commencement of law extending clause (2) of Article 212 of the Constitution to this Tribunal. Since it was not pen ding in the High Court prior to 6‑5‑74 when the provisions of Article 212 were extended to this Tribunal, this Tribunal will have no jurisdiction under section 6 of Sind Service Tribunals Act, 1973. The appeal could not be filed in the High Court after 6‑5‑74. A. A.‑G. concedes to this legal position and says that the appeal was wrongly filed in the High Court. The order of abatement is therefore illegal and does not confer jurisdiction in this Tribunal was envisaged by section 6 of Sind Service Tribunals Act. The appeal is accordingly dismissed for want of jurisdiction.
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