Law:

Section:

Workmen's Compensation Act (VIII of 1923)-- --- S. 2 (n) and Sched. II f cl. (xxviii)-Ticket Examiners of Punjab Road Transport oar--Workmen-Not civil servants-Cannot claim superannuation age of 60 years fixed for civil servants­ Retirement made on age; of 55 years under Rules of Punjab Road Transport Board upheld-Decision of Labour Court that Ticket Examiners of Punjab R4iad Transport Board could be benefited by provisions of Punjab Civil Servants Act, 1974 set aside by Labour Appellate Tribunal-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38. 1971 S C M R 454 distinguished. Muhammad Saleem Khan for Appellant. Muhammad Zaman Qureshi for Respondents. Date of hearing: 24th April, 1982. JUDGMENT As the facts and law points involved in the two appeals are the same, they are being disposed of together through this single judgment. 2. The facts are that Muhammad Nawaz and Muhammad Akbar respondents were appointed by the Provincial Controller of Transport, Government of Punjab as conductors in 1951. In April, 1952 PRTB came into existence by the amendment of Motor Vehicles Ordinance and the services of the two respondents were transferred to PRTB alongwith the whole establishment. Since then the respondents had been serving under the PRTB: and getting promotions. Finally they were promoted as Ticket Examiners. They were retired from service, according to the PRTB rules, under which the age of retirements was 55 years. The respondents challenged the order of retirement in their grievance petitions made under section 25-A of the Industrial Relations Ordinance, 1969 on the ground that since they were appointed as Government servants, they were governed by those rules by which Go­vernment servants are governed, according to which, the age of superannua­ti6n was sixty years. The petitions were opposed by the appellant. The learned trial Judge relying upon 1971 S C M R 454 held that the respondent continued to be the employees of the Government and, therefore, the age of retirement was sixty years. The learned lower Court at the same time decided that the respondents were not civil servants as they were included in the definition of worker defined in the…

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