Law:

Section:

(a) Civil Servants Act (LXXI of 1973)- -- S. 2(b), Service Tribunals Act (LXX of 1973), S. 4 and Corpora­tion Employees (Special Powers) Ordinance (XIII of 1978), S. 3 ­Service tribunal-Jurisdiction of-National Radio Telecommunica­tion Corporation a limited Company created by Articles of Association though financed by Government and working entirely under its directions, held, does not constitute its employees as civil servants-By acting in affairs of Federation its employees cannot be deemed to be holding post in connection with affairs of Federation. (b) Constitution of Pakistan (1973)- -- Arts. 240 & 260-Civil servant-Definition of. Reading Articles 240 and 260 together what transpires is that every civil servant must of necessity be governed by an Act of Parlia­ment. When terms and conditions of any particular appointment are not so controlled and any company or Corporation is entitled to make its own regulations regarding terms and condition, irrespective of its financing and disposal of its products. Its employees cannot be deemed to be civil servants because the essential requirement of control by Parliament is lacking. The company itself or the Corporation may be so governed but its employers are altogether independent of any Parlia­mentary Act. They are not Civil servants despite financing by Govern­ment and exclusive benefits thereto. (c) Service Tribunals Act (LXX of 1973)- -- S. 4 and Corporation Employees (Special Powers) Ordinance (XIII of 1978), S. 3-Appeal to tribunal-Dismissal of appellant not being under Ordinance XIII of 1978 and he also not being a civil servant, jurisdiction of tribunal, held, cannot be invoked. Muhammad Bashir Kayani for Appellant. Date of hearing : 31st May, 1980. ORDER MUHAMMAD DAUD KHAN (CHAIRMAN).-It is an appeal under section 4 of the Service Tribunals Act, 1973, against the order of dis­missal dated 22nd August, 1979, passed by the General Manager with the approval of Chairman, National Radio Telecommunication Cor­poration (hereinafter called N.R.T.C.). Prayer as appeal is to set aside the impugned order and to re-instate the appellant with full back benefits. Brief facts relevant to the issue involved are that…

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