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Civil Petition for Special Leave to Appeal No. 1252 of 1983, decided on 28th October, 1985.

‑‑Art.185(3)‑‑Punjab Service Tribunals Act (IX of 1974), S.8‑‑Leave to appeal granted to consider question that matter being a service matter civil Court should not have entertained same in view of provisions of Service Tribunals Act, 1974 and that judgments of Courts below were thus without jurisdiction.

M.M. Saeed Baig, Advocate Supreme Court and S. Abid Nawaz, Advocate‑on‑Record for Petitioners.

Respondent No.l in person.

‑The facts are that the respondent (No.l) was a dispenser, in Bahawalpur. His services were placed at the disposal of the Town Committee Samma Satta. Subsequently he was told that his services were no longer required by the Town Committee, Samma Satta and he was directed to report to his parent Department i.e. the Health Department but the Health Department refused to accept him. The respondent, therefore, filed a suit to the effect that being an employee of the Health Department he was entitled to receive his pay and other allowances from that Department. The suit was decreed in his favour. The Province of Punjab through Director Health filed an appeal which was dismissed as time‑barred by the learned District Judge, Bahawalpur. Feeling aggrieved the petitioner filed a civil revision in the High Court which agreed with the District Judge that the appeal had been rightly dismissed as barred by time.

Hence the present petition for leave to appeal.

2. Learned counsel appearing for the Government/petitioner submits that being a service matter it should not have been entertained by the learned Civil Court in view of the provisions of Service Tribunal Act, 1974, and that the judgments of the Courts below are, therefore, without jurisdiction.

3. Leave is granted to consider the above‑noted question of jurisdiction.

To be heard on the same record with permission to file additional documents.

M.B.A Leave granted.

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