Composition and Jurisdiction of Service Tribunal Act, 1973

Service tribunal act, 1973

Q Write down the composition and jurisdiction of service tribunal act, 1973.

Q Discuss the evolution of service tribunal in Pakistan. Please explain the composition and jurisdiction of tribunal under service tribunal act 1973?

Q explain the difference between a tribunal and ordinary court in detail.

Q A tribunal is not always finished with trappings of a court, nor will such a trappings make its action judicial. Discuss in detail.

Q Describe the powers of a tribunal and an ordinary civil court and their jurisdiction in Administrative matters.

Q discuss the powers of a service tribunal and an ordinary civil court.

History of service laws: Government of India Act 1935 Provided the terms and condition of civil servant. The civil servants took full advantage of this right and frequently moved the courts especially the high courts in the country after the conferment of the writ jurisdiction in 1954. As, not infrequently, the orders impugned before the high courts were set aside the executive embarrassed by this inroad felt that the guarantee in respect of the right of the civil servants given in the constitution itself should be withdrawn; that disputes concerning their terms and conditions should be dealt as matters are dealt with in France by the administrative courts and the council d Etat. To achieve these objects two completely new provisions were enacted in the constitution of 1973, The first of these was article 212 of tribunal formation and the other Article 240 safeguard to civil servant. Consequently, the civil servants act of 1973 was enacted on 26^th September, 1973 to regulate the appointments to and provide for the terms and condition of persons in the service of Pakistan. Contemporaneously, the service tribunal act of 1973 was enacted on 29^th September, 1973.

Composition: Article 212 of the constitution permitted the appropriate legislature to establish Administrative courts or tribunals. Clause 1, Notwithstanding anything hereinbefore contained, the appropriate legislature may by act provide for the establishment of one or more administrative courts or tribunals to exercise exclusive jurisdiction in respect of

1. Matters relaiting to the terms and conditions of civil servants
2. Matters relating to claims arising from tortoise acts of government
3. Matters relating to the acquisition, administration and disposal of any property which is deemed to be enemy property under any law.

The basic and foremost intention of creation of service Tribunal by the legislature to provide a civil servant an exclusive forum, in order to adjudicate their grievance in respect of matters relating to the terms and conditions of a civil servant except service tribunal. Sec-3 of service tribunal act of 1973 describes the composition and structure of service tribunals. According to this section The president may by notification in the official gazette establish one or more service tribunals and shall specify in the notification the class or classes of the civil servant in respect of whom the tribunal shall exercise jurisdiction.

Jurisdiction: A tribunal shall have exclusive jurisdiction in respect of the matters relating to the terms and conditions of civil servant that is to say regarding his appointment, seniority, dismissal, removal, compulsory retirement including disciplinary matters.

A tribunal shall consist of a chairman being a person who is or has been or qualified to be a judge of high court and such member or members whom is or has been a district judge or a grade 21 officer who has been serving for atleast two years otherwise an advocate qualified for appointment as judge of a high court.

The chairman and member of tribunal shall be appointed by the president on such terms and conditions as the president may determine, the chairman and the member of a tribunal may resign his office by writing under his hand address to president. The chairman and of member of a tribunal shall not hold any other office of profit in the service of Pakistan.

Section 4 outline the jurisdiction of service tribunal against original or appellate order made by such authority any civil servant aggrieved by any order whether original or appellate made by departmental authority in respect any of the terms and conditions of his service may within 30 days of the communication of such order to him prefer an appeal to services tribunals provided that where an appeals review or representation to a departmental authority is provided under civil service act or any rules against such order no appeal shall lie to the tribunal unless aggrieved civil servant has exhausted the alternate remedy and have prefer an appeal, review or representation to such departmental authority and the period of 90 days lapse from a date on such appeal, review or representation was preferred.

Status of the tribunal: Provision of section 5 through light on the powers and jurisdiction of the civil services tribunal that the tribunal may on appeal, confirm sustain, set-aside vary or modify the order appealed against. A tribunal for all purposes of deciding any appeal be deemed to be a civil court and shall have the same powers as are vested in such court under CPC. Such as:

1. Enforcing the attendance of any person and examine on oath.
2. Competing the production of document
3. Issuing commission for examining the witness on document.

Formation of Tribunal: A tribunal is a specialized forum for redress of grievance the need to provide for specialize forum of dispute or settlement is that it would possess some expertise and policy commitments and it is comparatively cheaper and convenient and more expeditious and relatively free from technical procedure.

Growth of administrative tribunal gained with the passage of time in response to the need and requirement which arose to provide for specialize forums. The word tribunal as used in Article 212 of the constitution of Pakistan has been interpreted broadly to include within it all bodies that exercise judicial functions. According to Blacks law dictionary, A tribunal refers as an adjudicatory body and the seat/bench/place where judges sit as administrative tribunal vested with certain functions of court of justice and having some of it trapping of a court”

The essential requisite of the tribunal are:

1. It should be constituted by the state.
2. It should be invested and conferred with certain implied judicial powers.
3. It must have the trapping of court

Kinds of tribunals: Following are them:

1. Service tribunal
2. Labor
3. Custom appellate
4. Sales-tax
5. Income-tax
6. Insurance
7. Banking tribunal, etc.

Difference between Tribunal and ordinary court: Courts are established to maintain law and order in the respective jurisdiction and Performs a range of functions like dispute resolution, judicial review, enforcing fundamental rights and upholding law. Under Pakistan constitution in accordance with the provision of Article 175 there shall be a supreme court which shall have jurisdiction over the whole country and there shall be a high court for each province and such other courts as may be established by law and Article 212 permitted the appropriate legislature to establish administrative courts and tribunals. Administrative tribunals run parallel to the court system but not exactly like them. There are significant difference between them:

The points presented below explain the differences between tribunal and court:

1. Tribunals mean the body of members who are elected to settle the controversies arising on matters relating to term and services of civil servants. Ordinary courts administer and interpret all kinds of jurisdiction and also supreme court provides an appellate forum for tribunal court.
2. Tribunals are established by federal legislature under the provision od constitution. Ordinary court is understood as the judicial institution which is established by the constitution itself to administer justice, by legislation.
3. The decision given by the tribunals on a particular matter is known as the award. As against this, the court’s decision is known as judgement, decree, conviction or acquittal.
4. The tribunal can be a party to the dispute, whereas a court cannot be a party to the dispute. A court is impartial in the sense that it acts as an arbitrator between the defendant and prosecutor.
5. The court is presided over by the judge, panel of judges, i.e. jury, or magistrate. Unlike, tribunals are headed by a chairman and other judicial members, elected by the appropriate authority.
6. Tribunal enacts under civil servant act 1973, service tribunal act 1973, and civil code of procedure but a court Follows code of procedure depending on criminal and civil jurisdiction which must be followed strictly.