ISLAMABAD, Sept 19: The Supreme Court on Monday directed the federal government to submit its policy on a set of petitions concerning service matters, and adjourned the case till September 26.
Led by Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry, a nine-member bench is hearing about 4,000 appeals to give an authoritative judgment to settle a controversy whether Section 2A of the Service Tribunal Act (STA) 1973 is against Article 212 (administrative courts and tribunals) of the Constitution and whether employees of the corporations are entitled to appeal under said section.
A majority of the appellants, mainly from Sindh and Balochistan, belongs to different organizations — including ministries of petroleum and natural resources and defence, Sui Southern Gas Company, National Bank of Pakistan, Pakistan International Airlines Corporation, State Bank of Pakistan, State Life Insurance, United Bank and Pakistan Telecommunication Company.
Deputy Attorney-General Nahida Mehboob Elahi told the court that Attorney-General Makhdoom Ali Khan was out of the country.
She said the government had already moved a summary to the prime minister for deletion of the section 2A. A bill would be enacted soon after the summary was approved, she added.
Advocate Akram Sheikh, representing the case of the PAF Inter College, Sargodha, argued that the section 2A was not ultra vires of the constitution as the article 212 did not define service of Pakistan.
Addition of Section 2A on June 10, 1997 in the STA, he contended, was made under parliament’s legislative competence and was in line with earlier legislative changes in the Wapda act and PIAC regulations long before 1997.