Case Details

Citation(s)
1983 SLG 1676 1983 SLD 1676 1983 PLC 673
Labour Appellate Tribunal, Punjab
Appeal No. FD-429 of 1979;Pb., decided on 23rd February, 1982.
MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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MAZHAR IQBAL

VS

WAPDA

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)---- ---- S. 25-A-Grievauce petition-Workman making representations to employer for his promotion-Receiving no response-Cause - of grievance for coming to Labour Court, in circumstances, had occurred. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)--- ----X. 17 (1-B) read with Civil Servants Act (LXXI of 1973), S. 2(1)(b) (iii) and Workmen's Compensation Act (V III of 1923), S. 2 (m)­WAPDA employees - "Civil servants" for purposes of Service Tribunals Act, 1973 only if covered by definition of civil servant under Civil Servants Act, 1973-Persons covered by definition of workman under Workmen's Compensation Act, 1923 and Factories Act, 1934, excluded-Person employed in connection with supply of electric energy covered by definition of workmen under S. 2 (m) of Workmen's Compensation Act, 1923, held, "workman"-Entitled to grievance petition before Labour Court-Industrial Relations Ordinance (XXI11 of 1969), S. 25-A. M. F. Rehman for Appellant. Ch. Khurshid Ahmed for Respondent. JUDGMENT This appeal arises from the decision dated 14th May; 1979 recorded by the learned Presiding Officer, Labour Court No. 4, Faisalabad, where­by the grievance petition of the appellant was dismissed, The appellant had through his grievance petition sought direction of the learned lower court for his promotion. His case is that the department of current check party and revenue were amalgamated and the appellant had served in both the departments. He was entitled to be promoted on the basis of combined seniority. His grievance was that his juniors according to the combined list had been promoted but he was ignored. It was also averred that according to the combined seniority list Chief Engineer was competent to promote hint but neither he nor the Chief Accountant con­sidered his applications. 2. One of the grounds of dismissal of application of the appellant given by the learned lower court is that the Chief Engineer was not com­petent to promote him but the Chief Accountant was competent, authority and he bad been impleaded as party to the petition. This finding has been given by the lower court on the ground…
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