Law:

Section:

Industrial Relations Ordinance (XXIII of 1989)-- ---S. 25-A--West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17 (1-A) and (1-B)--WAPDA employees--Civil servants for purposes of Service Tribunals Act, 1973 irrespective of nature of duties--Not within jurisdiction of Labour Courts. 1983 S C M R 663; 1984 P L C (C . S.) 1594; 1983 P L C 640; 1978 P L C 330 and 1980 P L C 550 ref. S. Yawar Hussain, Representative for Applicant. M.A. Hameed Khan for Respondent. ORDER In both the above cases the applicants were employed as Drivers in the respondent organization and admittedly both were terminated without affording any opportunity to defend them-selves or to meet the charges. The action of the respondent in both the cases has been pleaded as mala fide and so both the applicants have approached this Court, after necessary grievance notices under section 25-A, I.R.O., 1969 for setting aside of the impugned orders of their removal and for their reinstatement with back benefits. In both the cases the applicants were examined but the WAPDA Organization did not lead any evidence in defence, as according to the plea advanced on behalf of the WAPDA. this Court has no jurisdiction to entertain the applications of the applicants and adjudicate upon the same. I have heard Mr. S. Yawar Hussain, Representative for the Applicant, Syed Ashfaqul Hassan Hamdani, and Mr. S.M.H. Rizvi Advocate for the applicant Mehboob Hassan, as also Mr. Abdul Hameed Khan, Advocate on behalf of the WAPDA, Organization. At the very outset I may record here that the learned counsel for the respondent has categorically conceded that if this Court comes to this conclusions that it has jurisdiction to adjudicate upon these cases, the Action of the respondent would certainly be liable to be set aside because the removal of the applicants was ordered without holding any enquiry or serving any charge-sheet. However, it has been strenuously argued that this Court has no jurisdiction in view of the specific provisions of section 17(1-A) and (1-B) of WAPDA Act, 1958 as every employee of WAPDA is a civil servant and if he has any grievance he has to approach the Services Tribunals under…

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