Case Details

Citation(s)
1989 SLG 1186 1989 SLD 1186 1989 PLC 231
Federal Service Tribunal, Islamabad
Appeal No. 178(L) of 1983, decided on 28th November, 1988.
SALAHUDDIN CHAUDHRI AND RASHEED-UD-DIN ARSHAD MEMBERS
Mian Mahmood Hussain for Appellant. Khawaja Muhammad Sharif for
Respondents.

BASHIR AHMAD

VS

THE SUPERINTENDING ENGINEER, GUJRANWALA CIRCLE (E), WAPDA GUJRANWALA and another

Law:

Section:

Service Tribunals Act (LXX of 1973)- ---S. 4--Wdst Pakistan Water and Power Development Authority (Power Wing) Technical Subordinates (Line Staff) Service/Recruitment Rules, 1971, R. 17-­Termination of service--Appeal before Tribunal--Delay--Condonation of-­Appellant, a WAPDA employee had been agitating his case in various legal forums--Delay in filing appeal condoned. F.U. Malik v. WAPDA 1983 S C M R 663 ref. (b) West Pakistan Water and Power Development Authority (Power Wing) Technical Subordinates (Line Staff) Service/ Recruitment Rules, 1971-- ---R. 17--Termination of service--Lineman's services were to be governed by rules dealing specifically with terms of line-staff--Appellant having completed probation period of one year and Authority not being able to state as to whether situations as stated in Line Staff Rules, exited which could justify termination of services of appellant--Tribunal accepted appeal, and directed that appellant be re­instated in service. JUDGMENT RASHEED-UD-DIN ARSHAD (MEMBER).--The appellant has objected to the termination of his service and requested for re-instatement. 2. The appellant was appointed as Lineman I on 22-6-1973 by Superintending Engineer, Gujranwala. His service was, however, terminated on 13-9-1974 under clause 5 of his appointment letter by serving one month's notice. The appellant filed a civil suit at Gujranwala on 26-9-1974 but later withdrew the suit on 1-12-1975 in view of the amendment made in WAPDA Act .1958 vide Order No. XVI published on 30-9-1975, by which the employees of WAPDA could after filing a departmental appeal approach the- Service Tribunal for redress. A departmental appeal was fled on 6-1-1976 and on receiving no reply an appeal was submitted to the Service Tribunal on 10-4-1976. This appeal was, however, dismissed on 23-1-1978 in limine on the ground that he was not a civil servant but a "workman" under the Workmen's Compensation Act, 1928. A copy of the order was supplied to the appellant on 22-2-1978. The appellant then filed a grievance petition under section 25(a) of the Industrial Relations Ordinance 1969 before Punjab Labour Court No..3 Lahore on 4-3-1978 and the Court by its decision…
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