PHC moved against amendment to KP Service Tribunals Act 1974

PESHAWAR: The provincial government amendment to the Khyber Pakhtunkhwa Service Tribunals Act 1974 was challenged in the Peshawar High Court on Thursday.

The provincial government, secretary Law and the KP chief secretary have been made as respondents.The petition filed by Asadullah Khan advocate seeking the high court intervention to declare the amendment null and void, which has deprived the tribunal to enforce their own decisions.

According to the petition, an amendment was made to the Khyber Pakhtunkhwa Service Tribunals Act 1974 a few years ago, granting tribunals the authority to enforce their decisions, as they previously lacked this power. Following the amendment, most of the tribunal decisions required filing a writ in the high court for enforcement.

The petition pleads that the provincial government recently introduced legislation repealing Section 7 of the 1974 Service Tribunals Act and revoked the enforcement powers of the tribunals.

The petition read that this type of legislation rendered the tribunals ineffective and would place additional burden on the high court.The petitioner also claimed that the authority for tribunals to enforce their own decisions was initially granted through a court order.

He noted that when the KP government passed this legislation, the assembly lacked quorum and thatthe legislation was made in haste with the intent to weaken the tribunals by stripping them of their powers.

According to the petitioner, the amendment had also violated several constitutional provisions, saying that the amendment to the Service Tribunals Act 1974 served the interests of the executive rather than benefiting litigants and.He has prayed the court to declare the amendment unconstitutional and unlawful and nullify this legislation.