Law:

Section:

(a) Water and Power Development Authority Act (XXXI of 1958) --Ss. 17 (1-A) and 17(1-B) [inserted vide Water and Power Development Authority (Amendment) Ordinance (XVI of 1975)] read with Civil Servants Act (LXXI of 1973), S. 2(b) (fit) and Service Tribunals Act (LXX of 1973), S. 2(a)-WAPDA employees-Jurisdiction of Service Tribunal-Person employed under WAPDA falling within category of "workman" specifically excluded from definition of "civil servant"­ Such person, held, not covered. by S. 17 (1-A) 8t (1-B) of WAPDA Act, 1958-Not within jurisdiction of Service Tribunal but governed by Industrial Relations Ordinance, 1969 - Industrial Relations Ordinance (XXIII of 1969), S. I-[Pakistan WAPDA Labour Union v. Chairman, WAPDA P L J 1976 (Tr. O.) 398 dissented from]. Pakistan WAPDA Labour Union v. Chairman, WAPDA P L D 1976 (Tr. C.) 398 dissented from. (b) Water and Power Development Authority Act (XXXI of 1958) --- S. 17 (I-A) read with Essential Services (Maintenance) Act (LIII of 1952), S. 7-A-WAPDA declared essential service-Matters concerning wages and terms and conditions including termination of service of WAPDA employees-Within jurisdiction of specified Authority under S. 6 of Essential Services (Maintenance) Act, 1952-Question whether person concerned was a "workman" or not-Immaterial-Application of all other laws ousted by S. 7-A of Essential Services (Maintenance) Act, 1952-Contention that WAPDA employees fall within exclusive jurisdiction of Service Tribunal, held, not sustainable. Government of Pakistan v. S: Akhlaque Hussain P L D 1965 S C 527 rel. Petitioner in person, Muhammad Salient Shahnazi for Respondent ORDER The petitioner is an Attendant in the Natural Gas Power Station, Piran Ghaib Multan under the WAPDA. His services were terminated by order dated 11th August 1977, under section 17(1-A) of the WAPDA Act, 1958. The order was to take effect on the expiry of 30 days of its receipt. The petitioner received the order on 16-8-77 and it was to take effect from 15-9-1977. He filed the present petition under section 6 of the Essential Services (Maintenance) Act, 1952 (hereinafter called the 'Act'), which came up for preliminary hearing before Kazi…

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