Law:

Section:

(a) Railway Servants (Efficiency and Discipline) Rules, 1975-- ---Civil Servants Act (LXXI of 1973) S.2--Factories Act (XXV of 1934), S.2(h)-­Workmen's Compensation Act (VIII of 1923), S.2(n)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.r(4)--Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 38(3)-- Jurisdiction of Labour Court qua employees of Pakistan Railways--Clerk-cum­---Typist employed in carriage and wagon workshop not working in any administrative district or sub-divisional office of Railways--Not a civil servant but a workman as defined in S.2(h) of Factories Act, 1934 and S.2(n) of Workmen's Compensation Act, 1923--Railway Servants (Efficiency and Discipline) Rules, 1975 are statutory rules applicable to all employees and not only to those covered by definition of Civil Servant--Provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 thus not applicable--Railway workers not within definition of Civil Servant, could invoke jurisdiction of Labour Court under S.25-A of Industrial Relations Ordinance, 1969 to enforce their right under statutory rules viz. Railway Code or Efficiency and Discipline Rules, 1975--Clerk-cum-typist removed from service on grounds that he did not pass typing test--Removal from service without resort to statutory rules, held, was not sustainable and order of Labour Court setting aside order of removal and awarding reinstatement maintained in appeal. P L D 1981 S C 172; 1982 P L C 984 and 1982 P L C 855 distinguished. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 36--Written statement not verified on oath and signatory not examined before Court--Contents of such written statement, cannot be considered as evidence. DECISION This appeal is against the order passed by learned Labour Court No.VI at Hyderabad on 17-2-1988. 2. I have heard Mr.Ch.Rashid Ahmed, Advocate for the appellants and Mr.Syed Fasahat Hussain Rizvi, counsel for the respondent. 3. The facts of the case in brief are that the respondent was employed as Lower Division Clerk-cum-Typist by the appellants on 19-4-1987 on the terms and condition…

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