Civil Service Dispute Resolution

THE PUNJAB SERVICE TRIBUNALS (Procedure) RULES, 1975

THE PUNJAB SERVICE TRIBUNALS (Procedure) RULES, 1975

THE PUNJAB SERVICE TRIBUNALS (Procedure) RULES, 1975   The Punjab Service Tribunals (Procedure) Rules, 1975, are a set of rules and regulations within the Punjab province of Pakistan that govern the procedures and processes related to the functioning of service tribunals. These rules are designed to ensure the fair and transparent resolution of disputes and grievances of government employees related to their service matters. In exercise of the powers conferred by Section 11 of the Punjab Service Tribunals Act 1974 (Punjab Act. IX of 1974). the Governor of the Punjab is pleased to make the following rules. namely:- 1. These rules may be called the Punjab Service Tribunals (Procedure) Rules 1975. 2. (1) In these rules unless there is anything repugnant in the subject or context- (a) ‘Act’ means the Punjab Services Tribunals Act, 1974 (IX of 1974); (b) ‘Chairman’ means the Chairman of a Tribunal; (c) ‘Member’ means of a Tribunal and includes the Chairman; and (d) ‘Registrar* means the Registrar of a Tribunal and includes any other person authorized by the Tribunal to perform the functions of the Registrar under these rules. (2) Words and expressions used but not denned in these rules shall have the same meaning as are assigned to them in the Act. 3. (1) The permanent seat of a Tribunal shall be at a place which the Government may by notification in the official Gazette appoint. (2) A Tribunal shall ordinarily hold its sittings as its permanent seat but it may hold its sittings at any other place within its jurisdiction if in its opinion the holding of sittings- at such other place will be convenient to the parties to the proceedings before it. 4. (1) A Tribunal shall ordinarily observe the same hours as are observed by the offices of the Government. (2) A Tribunal shall observe the holidays notified by the Government. 5. (1) An appeal to a Tribunal may be sent to the Registrar by registered post acknowledgement due or presented to him during office hours either by the appellant personally or through his advocate. (2) Appeals presented to or received by any Member shall be deemed to be properly presented or received under this rule. 6. Every memorandum of appeal shall- (a) be legibly, correctly and concisely written type-written or printed; (b) divided into paragraphs numbered consecutively each paragraph containing as nearly as may be a separate assertion or averment; (c) contain the full name, official designation and place of posting of each party ; (d) clearly set out the relief claimed; (e) be accompanied by- (i) a copy of the final order, whether original or appellate and any other order of the competent authority in respect of any of the terms and conditions of service of the appellant against which the appeal is preferred; and (ii) copies of rules, orders and other documents on which the appellant proposes to rely in support of his claim; (f) be signed or thumb-impressed by the appellant; and (g) be accompanied by three spare copies of the memorandum of appeal and as many other copies thereof duly signed or thumb impressed by the appellant and accompanied by the documents referred to in clause (e) as there are respondents. Provided that where a Tribunal is satisfied that it is not possible for an appellant to produce any document referred to in clause (e) it may waive the provision of the clause. 7. In every memorandum of appeal the competent authority against whose orders the appeal is preferred and any other party to the dispute shall be shown as respondents. 8. Where an appeal is presented after the period of limitation prescribed in the Act it shall be accompanied by a petition supported by an affidavit setting forth the cause of delay. 9. No court-fee shall be payable for preferring an appeal to or filing exhibiting or recording any document with a Tribunal. 10. (1) The Registrar shall scrutinize every memorandum of appeal received by him, and shall- (i) if it is drawn up in accordance with the provisions of rule 6 cause it to be registered in the register of appeals to be maintained in form appended to these rules and shall with the approval of the Chairman fix a date for its preliminary hearing before the Tribunal; and (ii) if it is not drawn up in accordance with the provisions of rule 6, return it to the appellant for amendment within a time to be specified in an order to be recorded by him on the memorandum of appeal which shall in no case be less than fourteen days pointing out the deficiency. (2) If the memorandum of appeal is not resubmitted within the period specified under clause (ii) of sub-rule (1) the appeal shall stand dismissed. 11. (1) A Tribunal may after hearing the appellant or his advocate dismiss the appeal in limine. (2) If the appeal is not dismissed in limine notices of admission of . appeal and of the day fixed for its hearing shall subject to the provisions of sub-rule (3) be served on the appellant the respondents and on such other persons as the Tribunal may deem proper. (3) The appellant shall within one week of the receipt of the notice of admission of his appeal or within such extended period as may be allowed by the Registrar, deposit with the Registrar- (a) cash security for costs in the sum of Rs. 100; and (b) cost of service of notice on the respondents. (4) If the appellant does not comply with the provisions of sub-rule (3) his appeal may be dismissed by the Tribunal. 12. (1) A notice under sub-rule (2) of rule 11 shall be in such form as may be laid down by a Tribunal and may be served by registered post or in any other manner including publication in one or more daily news-papers, as the Tribunal may direct; Provided that a notice shall not be issued for publication in a news-paper, until the

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The Punjab Service Tribunals Act, 1974

The Punjab Service Tribunals Act, 1974

The Punjab Service Tribunals Act, 1974   The Punjab Service Tribunals Act, 1974, is a significant piece of legislation in Pakistan, particularly within the Punjab province, that establishes Service Tribunals to adjudicate on disputes and grievances related to the conditions of service of government employees. This act plays a pivotal role in safeguarding the rights and interests of government servants by providing them with a dedicated forum for the resolution of employment-related issues.   Contents     Preamble   1. Short title, commencement and application   2. Definitions   3. Tribunals   3-A. Constitution of Benches   4. Appeal to Tribunals   5. Power of Tribunals   6.      7.     8. Abatement of suits and other proceedings   9. Applicability of the provisions of the Limitation Act, 1908   10.     11. Rules   12. Repeal of Punjab Ordinance No. V of 1974     FIRST SCHEDULE     SECOND SCHEDULE     THE PUNJAB SERVICE TRIBUNALS ACT, 1974   IX OF 1974 20th June, 1974 An Act to provide for the establishment of [Service] Tribunals to exercise jurisdiction regarding matters relating to the terms and conditions of service in respect of services of the Province of the Punjab. Preamble: Whereas it is expedient to provide for the establishment of [Service] Tribunals to exercise exclusive jurisdiction regarding the matters relating to the terms and conditions of service in respect of the services of the Province of the Punjab and for matters connected therewith or ancillary thereto; It is hereby enacted as follows: Short title, commencement and application: (1) This Act may be called the Punjab [Service] Tribunals Act, 1974. (2) It shall come into force at once. (3) It applies to all civil servants wherever they may be. 2. Definitions: In this Act, unless there is anything repugnant in the subject or context: (a) ‘Chairman means the Chairman of the Tribunal; (b) ‘Civil Servant’ means a person who is or who has been member of a civil service of the Province or who holds or has held a civil post in connection with the affairs of the. Province but does not include:- (i) a person who is or who has been on deputation to the Province from the Federation or any other Province or authority; (ii) a person who is or who has been employed on contact, or on work-charged basis, or who is or has been paid from contingencies; or (iii) a person who is or has been a ‘worker’ or ‘workman’ as defined in the Factories Act, 1934 (XXV of 1934) or the Workmen’s Compensation Act, 1923 (VIII of 1923); (c) ‘Government’ means the Government of the Punjab; (d) ‘Governor’ means the Governor of the Punjab; (e) ‘Member’ means the Member of the Tribunal; (f) ‘Registrar’ means the Registrar of a Tribunal and includes any other person authorised by a Tribunal to perform the functions and duties of the Registrar; and (g) ‘Tribunal’ means a [Service] Tribunal established by this Act, or a Bench thereof. 3. Tribunals; (1) The Governor may, by notification in the official Gazette, establish one or more Service Tribunals, and, where there are established more than one Tribunal, the Governor shall specify in the notification the class or classes of civil servants in respect of whom all the territorial limits within or the class or classes of cases in respect of which each such Tribunal shall exercise jurisdiction under this Act. (2) A Tribunal shall have exclusive jurisdiction in respect of matters relating to the terms and conditions .of service of civil servants, including disciplinary matters. (3) A Tribunal shall consist of- (a) A Chairman, being a person who has been or is qualified to be judge of a High Court; and (b) two members each of whom is a person who possesses such qualifications as may be prescribed by rules. (4) The Chairman and members of a Tribunal shall he appointed by the Governor on such terms; and conditions as he may determine. (5) The Chairman or a member of a Tribunal may resign his office by writing under his hand addressed to the Governor. (6) The Chairman or a member of a Tribunal hall not hold any other office of profit in the service of Pakistan if his remuneration is hereby increased. (7) Notwithstanding anything contained in sub-section (3), sub-section (4), sub-section (5) or sub-section (6), a Tribunal established to exercise jurisdiction in respect of a specified class or classes of cases, may consist of one or more persons in the service of Pakistan to be appointed by the Governor.] 3-A. Constitution (if Benches: (i) Notwithstanding anything contained in Section 3, the Chairman may constitute a Bench consisting of himself or one member only or two Members without the Chairman or the Chairman and a Member and when so constituted a Bench shall be deemed to be a Tribunal. (2) If a Bench is unable to arrive at a unanimous decision in an appeal, the matter shall he placed before the full Tribunal and the decision of the Tribunal shall he expressed in terms of (he opinion of the majority: Provided that if the Chairman or the Member who was not already on the Bench cannot he associated or is unable for any reason to take part in the hearing of the appeal, the decision of the Tribunal shall be expressed in terms of the opinion of the senior member of the Bench. (3) The Chairman may, at any stage of hearing of any appeal, withdraw it from the Tribunal and entrust it to a Bench or may withdraw any appeal pending before a Bench and make it over to another Branch or to the Tribunal]. 4. Appeal to Tribunals: (i) Any civil servant aggrieved by any final order, whether original or appellate, made by a departmental authority in respect of any of the terms and condition of his service may, within thirty days of the communication of such order to him or within six months of

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