Case Details

Citation(s)
1983 SLG 1850 1983 SLD 1850 1983 PLC 963
Labour Appellate Tribunal, Punjab
Appeal No. LHR-688-Pb. of 1981, decided on 9th February, 1983.
MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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WAPDA

VS

MUHAMMAD ZAHEER

Law:

Section:

West Pakistan Water and Power Development Authority Act (XXXI of 1958)­- ---S. 17 (1-B) read with Civil Servants Act (LXXI of 1973). S. 2 (b) and Service Tribunals Act (LXX of 1973), Ss. 2 (a) & 4-WAPDA employees falling within exceptions of definition of "civil servant" 4 kd1 under S. 2 (b) of Civil Servants Act, 1973, held, not within jurisdic­tion of Service Tribunal-Such employees covered by definition of "workman" under S. 2 (n) of Workmen's Compensation Act, 1923 and S. 2 (h) of Factories Act, 1934-Can seek remedy of grievance petition before Labour Court-WAPDA a statutory independent body-Not outside ambit of West Pakistan Industrial and Commercial Employment (Standing - Orders) Ordinance, 1968-Lineman employed in distribution of electricity-"Workman"-Suspension of such workman, held, governed by S. O. 15 (5) and same continu­ing for more than 28 days thus, held, rightly set aside by Labour .. . Court-West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1 (4) (c), proviso 11 and S. O. 15 (5) and Industrial Relations Ordinance (XXIII of 1969), S. 25-A-[P L D 1982 Lah. I dissented from). P L D 1982 Lab. 1 dissented from P L D 1978 Lah. 781 ref. Muhammad Abdur Rashid for Appellant. Khalid Pervez for Respondent. Date of hearing : 31st January. 1983. JUDGMENT This appeal arises from the decision dated 26th March, 1981 passed by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala. whereby the order of suspension passed against the respondent was set aside and he was directed to be re-instated in service. Back benefits have been allowed with effect from 1st February, 1980 2. The respondent is Assistant Lineman. He was suspended vide order dated 3rd January, 1980. The respondent challenged the order on the ground that it continued beyond 28 days. Two points as usual have been raised which are that the respondent is a civil servant and that Standing Orders Ordinance, 1968 is not applicable. 3. I have already answered those questions in many cases holding that the employees of WAPDA who come within the exceptions of the definition of `civil servant' contained in section 2 of the Civil Servants Act are…
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