Law: Sindh Service Tribunals Act, 1973

Section: 2(a)

Sind Service Tribunals Act (XV of 1973)­--- ----S. 2(a)-"Civil servant"-Employees of Municipal Committee or District Council-Not civil servants. The appellant was an employee of "Local Body" irrespective of the fact whether the controlling authority was the Government or not. In the final analysis of such matters the Government is admittedly final authority to run such Corporations in accordance with the laws and rules framed specifically for such establishments but the employees of these establishments do not thereby become Civil Servants. Jamlin v. Hannaford (1950) 1 K B D 18; Muhammad Ali v. Commissioner, Lahore 1962 P C S R 173; Kishorilal v. Punjab A I R 1958 Pb. 402; Allahbux v. District Board P L D 1951 Lah. 52; Muhammad Ali v. Commissioner P L D 1960 Lah. 6411 Ghulam Mohiuddin v. K. P. T. P L D 1957 Kar. 482; P L D 1972 Lah. 316; P L D 1971 Lah. 748; 1970 S C M R 40, 1971 S C M R 560; PL 1970 Lah. 195; P L D 1967 Lah. 1251 and 1972 P L C 624 and P L D 1973 Note 112 at p. 171 rel. JUDGMENT HAMZO KHAN M. KURESHI (CHAIRMAN).-The preliminary objection raised at the time of admission of this appeal was whether the appellant is a "Civil Servant" as defined in Sind Service Tribunals Act. The Civil Servant is defined as under:- "Section 2(a).`Civil Servant' means a person who, is or has been a member of the Civil Service of the Province or, holds or has held a civil post in connection with affairs of the Province and for the purpose of any proceeding under this Act includes a person who is or has been, dismissed, discharged, removed or retired from such service or post as a consequence of the order of the departmental authority, but does not include . . . . . . . . . ." The material facts for the decision of this appeal are that the appellant was appointed as a work-charge Mistry with effect from 16-8-1965 by the District Engineer, District Council, Karachi. On 5-7-1969 he was promoted as Overseer and transferred to Landhi Korangi Municipality, Karachi. He appears to have been transferred to Nawabshah as Overseer, District Council, Nawabshah. The said transfer order was passed on 24-2-1973. Thereafter the appellant was transferred to the Engineering Department,…

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