Case Details

Citation(s)
1978 SLG 951 1978 SLD 951 1978 PLC 68
Labour Appellate Tribunal, Punjab
Appeal No. 269 of 1975, decided on 11th February 1976
MALIK LEHRASAP KHAN, PRESIDING OFFICER

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NISAR AHMED

VS

VICECHAIRMAN, PAKISTAN RAILWAY, LAHORE

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- ---S. 25-A read with S. 2(xxviii), Civil Servants Act (LXXI of 1973), S. 2 and Service Tribunals Act, 1973, S. 3-Clerk employed in Headquarters Office of Railway-Not a "workman" but civil servant-Service Tribunal possesses exclusive jurisdiction in respect of matters relating to terms and conditions of service of such employees--Order of Junior Labour Court dismissing application under S. 25-A upheld. Liaqat Mahmood for Appellant. Ghulam Mohsin for Respondent. JUDGMENT Nisar Ahmad appellant U. D. C. employed in the Railway Headquarters office, Lahore filed application under section 25-A of the Industrial Relations Ordinance, 1969 before the Junior Labour Court No. 1, against the respondent seeking relief to the effect that the respondent might be directed to promote the appellant in Grade III. 2. The appellant in his application contended that he was promoted in Grade-III but on 30th September 1970 was reverted to Grade-II without any reason and his reversion was unjust and illegal. His application was resisted by the respondent who pleaded inter alia, that the appellant happened to be civil servant and therefore, his application under section 25-A of the industrial Relations Ordinance, 1969, was, not maintainable before the Junior Labour Court. 3. The learned lower Court heard the parties on the question of jurisdiction and by its detailed order dated 29th November 1975 concluded that the appellant was a civil servant and his remedy lay…
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