Law: Industrial Relations Ordinance, 2002

Section: XCI,2(xxx),46

Law: Service Tribunals Act, 1973

Section: LXX,2(a),3(2)

Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: V,3(f),12

Law: Civil Procedure Code (V of 1908)

Section: VI,11

Law: Constitution of Pakistan, 1973

Section: 199

(a) Industrial Relations Ordinance (XCI of 2002)-------Ss.2(xxx) & 46---Service Tribunals Act (LXX of 1973), Ss.2(a) & 3(2)--Industrial and Commercial Employment (Standing Orders) Ordinance (V of 1968), S. 3(f)---Civil Procedure Code (V of 1908), O.VI, R.11---Jurisdiction of Labour Court and Service Tribunal---Scope---Regularization---Daily wage employees of Pakistan Railways---Industrial establishment, status of---Contention of the petitioners was that respondents did not fall within the definition of workmen, therefore, being civil servants they should have approached the Service Tribunal--Validity---Daily wage employees of Pakistan Railways, not employed in a managerial or administrative capacity, fall within the definition of "workman" under S. 2(xxx) of the Industrial Relations Ordinance, 2002 (IRO, 2002), and were, thus, entitled to approach the Labour Court for redressal of their grievances, including regularization of service---Pakistan Railways, being defined as a"railway" under S.3(f) of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, constitutes an "industrial establishment," further subjecting its daily wage/work charge employees to the jurisdiction of the Labour Court---Petitioners filed application under O.VII, R. 11, C.P.C., seeking rejection of grievance petition filed by the respondents on the point of jurisdiction, which was dismissed and the said order attained finality having not been challenged by the petitioners---Objection to the jurisdiction of the Labour Court, if not challenged at an earlier stage and allowed to attain finality, cannot be raised subsequently in a writ petition---Daily wage employees of a statutory corporation like Pakistan Railways do not automatically attain the status of "civil servants" within the meaning of the Civil Servants Act, 1973, in the absence of a corresponding amendment, thus, the exclusive jurisdiction of the Federal Service Tribunal under S. 3(2) of the Federal Service Tribunals Act, 1973, pertaining to the terms and conditions of civil servants, did not extend to daily wage employees---Objection raised by the petitioner as to jurisdiction of the Labour Court was…