Case Details

Citation(s)
1983 SLG 1738 1983 SLD 1738 1983 PLC 802
Service Tribunal, Punjab
Cases Nos. 599 and 600 of 1981, decided on 7th Tune, 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS

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PERVAIZ AHMAD AND ANOTHER

VS

DEPUTY DIRECTOR, SOCIAL WELFARE, BAHAWALPUR DIVISION AND ANOTHER

Law:

Section:

Civil service--- ---Termination of service due to abolition of posts - Order challenged on grounds that juniors re-employed subsequently against post created under new Scheme-New posts meant for certain specific category of personnel and not for appellants-Appeal, in circum­stances, held, devoid of merits and dismissed by Service Tribunal-­Punjab Service Tribunals Act (IX of 1974), S. 4. Mushtaq Masood for Appellant. Haroonur Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Messrs Pervaiz Ahmad and Ali Ahmad have filed these appeals under section 4 of the. Punjab Service Tribunals Act, 1974, in which they have impleaded Deputy Director, Social Welfare Bahawalpur Division, Bahawalpur and Director, Social Welfare Punjab, Lahore, as respondents. 2. By virtue of these appeals they have prayed that the order dated 9-5-1979 with regard to the termination of service w. e. f. 31-5-1979, be de6sred illegal and without any authority. 3. Brief facts of the case are that the appellants were appointed as Craft Supervisors by the Assistant Director, Social Welfare Bahawalpur Division, vide order, dated 1-3-1973. The appellants continued to perform their duties to the satisfaction of their superiors and. their services were regularised under M. L. I. 21 w. e. f. the date of their joining as Craft Supervisors i.e. 2-3-1973. In 1979, upon the abolition of Social Economic and Industrial Centre the services of the appellants were terminated w. e. f. 31-5-1979. However, immediately after the abolition of the posts of the appellants, new schemes were approved in all the divisions including the Bahawalpur Division. Consequent upon the approval of new schemes in Bahawalpur Division the other colleagues of the appellants were taken back in service and their services were regularised. However the appellants filed a petition before the Labour Court at Bahawalpur but the same was rejected by the said court vide its order dated 17-9-1981 on the ground that the appellants were not the workers and therefore, they were required to seek relief before a proper forum. Hence these appeals. 4. We have heard the learned counsel for the appellants as well…
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