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Appeal No 106 (R) of 1985, decided on 1st July, 1985,

‑‑Ss. 4 & 6‑Pakistan International Airlines Corporation Act (XIX of 1956), S. 10 [as amended by Pakistan International Airlines Corporation (Amendment) Ordinance (LIII of 1984)) ‑ Appeal before Tribunal‑ Limitation Employee of P. I. A. filing appeal in 1985 against impugned order, dated 2nd November, 1981‑Employees of P. I. A. deemed to be civil servants for purpose of Service Tribunals Act, 1973 vide Pakistan International Airlines Corporation (Amendment) Ordi nance, 1984‑Contention that service Tribunal shall be deemed to have been established on 15th November, 1984 i.e. dated of pro mulgation of Ordinance, 1984 and appeal could be filed within six months from 15th November, 1984‑Contention, held, totally mis conceived and fallacious because no suit or appeal of appellant was pending before a Civil Court or commencement of Ordinance, 1984.

Asmat Kamal Khan for Appellant.

Date of hearing : 26th June, 1985.

‑The appellant, by way of the present appeal, seeks to challenge the order, dated 2nd November, 1981 whereby he was dismissed from service as Accounts Officer, Pakistan International Airlines Corporation (hereinafter referred to as the Corpora tion). The appeal, on the face of it, is hopelessly time‑barred. There is neither any application nor any explanation for condonation of delay. The learned counsel for the appellant, however, urged at the bar that it has been declared by the Pakistan International Airlines Corporation (Amend ment) Ordinance, 1984 (hereinafter referred to as the Ordinance) that the employees of the Corporation shall be deemed to be the civil servants for the purposes of the Service Tribunals Act, 1973. Therefore, this Tribunal, for the purposes of the employees of the Corporation, shall be deemed to have been established on the 15th of November, 1984, when the said Ordinance came into force. In the submission of the learned counsel, therefore, this appeal could be filed within six months from the 15th of November, 1984. The contention is totally misconceived and fallacious. For, according to section 6 of the Service Tribunals Act, 1973, any party to a suit, appeal or application pending before any Court and abated by operation of the Service Tribunals Act, could within ninety days of the establishment of the Tribunal, prefer an appeal to it. Since no such suit, appeal or application of the appellant was pending before any Court on the commencement of the said Ordinance, the question of its abatement and tiling of appeal before this Tribunal under section 6 of the Service Tribunals Act, does not arise. The learned counsel thus utterly failed to make out a case for admission of this appeal which is dismissed in limine as incompetent.

A. E.

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