ISLAMABAD, Jan 18: The government told the Supreme Court on Wednesday that the parliament has not yet enacted any law determining the status of the employees of government corporations and the terms and conditions of their services.

Attorney General Makhdoom Ali Khan said this while arguing before a nine-member bench of the court that Section 2A of the Service Tribunal Act (STA) 1973 did not fit within the parameters of Article 240 which defined the appointment of service of Pakistan and conditions of service nor of Article 212 regarding the administrative courts and tribunals.

The bench, led by Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry, is hearing about 4,000 appeals to settle the 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 corporations are entitled to appeal under section 2A of the act.

Other members of the bench are Justice Rana Bhagwandas, Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Faqir Mohammad Khokhar, Justice Mian Shakirullah Jan, Justice M Javed Buttar, Justice Tassaduq Hussain Jillani and Justice Syed Jamshed Ali.

Attorney General Makhdoom Ali said in case the Supreme Court struck down section 2A of STA from the statutes while determining its validity, forums would still be available to employees of the corporations as workers could then approach the labour courts, with appeal lying before the high court and consequently to the apex court, while the managerial cadre could go to civil courts.

It was wrong to suggest that the parliament could declare any service as “in the service of Pakistan” as only those appointments could be declared service of Pakistan where the incumbent was exorcising public powers and his service was in connection with sovereign affairs of the country, he argued.

He also contended that the constitutional validity of a law not challenged for some times would not make it a valid law.

Later Hafiz Pirzada, representing appellant Dr Anwer Ali Sahto of the Sui Southern Gas Company, argued that the apex court had exceeded its jurisdiction by taking up the instant matter as it was depriving the appellants from raising these matters before the high court, which under the law enjoyed the right to decide such issues.

By shifting the burden of deciding the issue on the court, he said the federal government was seeking “a legislation from the courts”.

Citing earlier judgments, Mr Pirzada stated that the apex court had held that at least one right of appeal should be provided to an appellant - something which the Islamic law also endorsed.

By assuming the original jurisdiction on appeals to the federal service tribunals, he stated, the apex court had finished this right of appeal.

If section 2A of STA was declared unlawful, would it mean that all the earlier decisions of the service tribunal in the matters of the corporation would be a nullity in law, he asked.

Majority of the appellants before the apex court is mainly from Sindh and Balochistan, belonging to different organizations — Ministry of Petroleum and Natural Resources, Defence, Sui Southern Gas Company (SSGC), National Bank of Pakistan, Pakistan International Airlines Corporation (PIAC), State Bank of Pakistan, State Life Insurance, United Bank Limited, Pakistan Telecommunication Company Limited, Pakistan Air Force Colleges, etc.

The court is likely to conclude the matter on Thursday.