| Citation(s) |
|---|
| 1983 SLG 1989 1983 SLD 1989 1983 PLC 1164 |
Federal Service Tribunal, Islamabad
Appeal No. 71 (K) of 1980, decided on 22nd June, 1983.
JUSTICE SHAH ABDUR RASHID, CHAIRMAN AND A. O. RAZIUR REHMAN, MEMBER
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Appeal No. 71 (K) of 1980, decided on 22nd June, 1983.
JUSTICE SHAH ABDUR RASHID, CHAIRMAN AND A. O. RAZIUR REHMAN, MEMBER
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GUL HASSAN
VS
CHAIRMAN, PAKISTAN RAILWAY BOARD AND 2 OTHERS
Law:
Section:
Civil Servants Act (LXXI of 1973)- -- S. 2 (1) (b) and Service Tribunals Act (LXX of 1973), Ss. 2 (a) & 4 read with Workmen's Compensation Act (VIII of 1923), S. 2 (1) (n)-"Civil servant"-Jurisdiction of Service Tribunal-Assistant Station Master of Pakistan Railways-Not employed in any administrative, district -or divisional office of Railways-A workman-Not a civil servant-Cannot invoke jurisdiction of Service Tribunal-Labour Division Government of Pakistan being concerned with administration of Workmen's Compensation Act, 1923 advised to consider making of appropriate amendment in definition of "workman" if concept of "administrative, district or divisional office" in Pakistan Railway Administration has undergone any change. Syed Rashid Ahmed for Appellant. Abdul Aziz for Respondents. Date of hearing : 5th June, 1983. JUDGMENT JUSTICE SHAH ABDUR RASHID (CHAIRMAN).-The preliminary question involved herein is whether the appellant, who was a railway servant and was at the relevant time employed as Assistant Station Master at Padidan railway station, was a "workman" within the definition of clause (n) of subsection (1) of section 2 of the Workmen's Compensation Act, 1923, and as such not a "civil servant" within the meaning of clause (a) of section 2 of the Service Tribunals Act. 1973 read with clause (b) of subsection (1) of section 2 of the Civil Servants Act, 1973, to enable him to invoke the jurisdiction of this Tribunal by way of appeal under section 4 of the Service Tribunals Act, 1973. 2. Omitting the irrelevant portions of clause (n). it would read as follows :- "(n) "workman" means any person ............ ...."' ............... who is- (i) a railway servant as defined in section 3 of the Railways Act, 1890. not permanently employed in any administrative, district and sub-divisional office---of a railway ; and not employed in any such capacity, as is specified in Schedule II, , or, (ii) xx xx xx xxx xx xxx'' A bare reading of the definition given in clause (n) above shows that every…
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