Law:

Section:

West Pakistan Water and Power Development Authority Act (XXXI of 1958)- -- S. 17(1-B)-Punjab Civil Servants Act (VIII of 1974), S. 4­ Industrial Relations Ordinance (XXIII of 1969), S. 25-A & Provisional Constitution Order (1 of 1981), Art. 9-Jurisdiction-Labour Court-Workman-Employee on deputation to WAPDA from service of Provincial Government, held, not covered under S. 1.7(1-B) of West Pakistan Water and Power Development Authority Act, 1958 but his case be examined in light of Punjab Civil Servants Act, 1974-'Workman" outside of purview of Punjab Civil Servants Act, 1974-Labour Tribunal not examining matter in light of law governing subject and overlooking material aspect going to root of matter thus affecting decision-Labour Tribunal, held, failed to exercise jurisdiction-Order of Labour Tribunal set aside and case remanded to Labour Court for determination afresh to examine after due inquiry whether employee was a workman, in circum­stances. Bashir Ahmad with Mian Mood Hussain for Petitioner. Nemo for Respondents. Dates of hearing: 28th, 29th and 30th January, 1984. JUDGMENT This writ petition has been filed by an employee of the Electricity Department who was on deputation to WAPDA against the order of Labour Court whereby his application for re-instatement was dismissed. 2. Brief facts of the case are that the petitioner is a person who was originally employed in the Electricity Department of the Govern­ment of the Punjab. His services were lent to WAPDA, on 23rd Mare, 1959. Thereafter, the petitioner was involved in a criminal matter and consequently his services were terminated vide order, dated 9th November, 1980 which was changed into dismissal vide order, dated 13th January, 1981. 3. Aggrieved by these orders, he applied to the Labour Court by filing a grievance petition under section 25-A of the Industrial Relations Ordinance. The Labour Court partly accepted the petition to the extent of retrospectivity of the removal of the petitioner vide order, dated 21st June, 1981. The petitioner then further assailed the matter in appeal before the Punjab Labour Appellate Tribunal who dismissed the appeal, on 17th January, 1983 on the ground that WAPDA…

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