Law:

Section:

Service Tribunals Act (LXX of 1973)-- ---S. 4(1), proviso (a)--Industrial Relations Ordinance (XXIII of 1969), S. 25-A--WAPDA (Efficiency and Discipline) Rules, 1978, r. 11--Appeal before Tribunal--Exhausting departmental remedy -Grievance notice tinder S. 25-A of Industrial Relations Ordinance, 1969, held does not serve purpose of appeal under r. 11 of WAPDA (Efficiency and Discipline) Rules, 1978--WAPDA employee under impression of being workman and entitled to remedy, before Labour Court serving grievance notice under S. 25-A of industrial Relations Ordinance, 1969 and filing petition before Labour Court but such petition ultimately found as not maintainable because of legal position that WAPDA employees are civil servants for purposes of Service Tribunals Act, 1973--Appeal before Tribunal filed subsequently resisted on grounds that departmental remedy of appeal not exhausted--Contention that grievance notice served purpose of departmental appeal--Rejected--Appeal before Tribunal, in circumstances, dismissed as not maintainable because no appeal required under r. 11 of WAPDA (Efficiency, and Discipline) Rules, 1978 had been made. Mian Mahmood Hussain for Appellant: Sadiq Abbasi assisted by Khawaja Muhammad Shafi, Tahir Jamil and Muhammad Arshad Cheema for Respondents. Muhammad Amir Akbar Khan: Amicuscuriae. Date of hearing: 25th April, 1984/27th October, 1985. JUDGMENT JUSTICE SHAH ABDUR RASHID (CHAIRMAN).--This order will dispose of 'a common legal question involved in the present Appeal No. 206(R) of 1984 by Muhammad Latif Bhatti and Appal No. 208(R) of 1984 by Muhammad Siddiq. Both the appellants were removed from service after having been proceeded against under the WAPDA (Efficiency & Discipline) Rules, 1978 (hereinafter referred to as the Rules). Although rule 11 of the said Rules provide for an appeal, the appellants instead of seeking that remedy and considering themselves to be workmen under the Industrial Relations Ordinance (XXIII of 1969) (hereinafter referred to the Ordinance) served grievance notices under section 25-A of the Ordinance. Their grievance notices having not been attended to, they filed grievance petitions to the Labour Court.…

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