| Citation(s) |
|---|
| 1986 SLG 2094 1986 SLD 2094 1986 PLC 411 |
Labour Appellate Tribunal, Sindh
Appeal No. HYD-565 of 1983, heard on 10th November, 1985.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No. HYD-565 of 1983, heard on 10th November, 1985.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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RAFIQUE AHMED
VS
POSTMASTER GENERAL, POST OFFICE, HYDERABAD
Law:
Section:
Workmen's Compensation Act (VIII of 1923)-- --Sched. II, Cl. (XIII-a)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15(4)-Treasury clerk of Pakistan Postal Department covered by definition of workman in Sched. II, C1. (XIII-a) of Workmen's Compensation Act, 1923--Removed from service for misconduct without proper enquiry-Removal order set aside by Labour Appellate Tribunal. Wasiullah Qureshi for Appellant. Sultan Ahmad for Respondent. DECISION This is appeal against the impugned order of Sind Labour Court NO. VI, Hyderabad, dated 2-8-1983. The impugned order did not entertain the application of the appellant under section 25-A, I.R.O., 1969, considering him to be a civil servant and not a workman. 2. The facts are that similar order was passed by the learned Labour Court considering the appellant /petitioner to be a civil servant and not a workman covered under Standing Orders Ordinance, 1968. An appeal was filed and some evidence was recorded by this Tribunal and on the basis of this evidence, the matter was remanded to the Labour Court, who once again reiterated that the appellant was a civil servant. 3. I have heard the arguments of Mr. Wasiullah Qureshi for the appellant and Mr. Sultan Ahmad, Advocate for the respondents. Subsection (xiii-a) of Schedule II of Workmen's Compensation Act is as follows: - "(xiii-a) employed as treasurer clerks performing outdoor duties in the Pakistan Post and Telegraph Department in Baluchistan and the Karachi Division." 4. The question before the Tribunal or before the Labour Court was whether the appellant could be termed as a workman of a Civil Servant. In order to ascertain, I would revert to the evidence of Niazul Hassan Siddiqi, the then Postmaster, Hyderabad. The relevant paragraphs 1 and 2 are as under:- "1. That the applicant was working as a Treasury Clerk in the Postal Department, on 29-10-1980. The Postmaster, Hyderabad, on 29-10-1980 ordered to transfer the applicant to the Registration and Delivery Branch of Post Office (Head Post Office), Hyderabad. 2. That on 30-10-1980, the new Postmaster took over the charge and the said orders of transfer, dated…
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