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Industrial Relations Ordinance (XXIII of 1969)---- ---Ss. 2(viii), 25-A & 38(3)--Civil Servants Act (LXXI of 1973), S. 2(1)(b)(iii)-­"Workman"--"Civil servant"--Statistical Inspector of Pakistan Railway filing grievance petition before Labour Court--Petition resisted on plea that petitioner was a civil servant--Labour Court for reasons that petitioners had been declared "employer" deciding that he was not a civil servant--Such proceeding, held, was erroneous as that person could not be civil servant who was a workman--Findings of Labour Court were set aside and case remanded by Appellate Tribunal for decision afresh after providing opportunity to parties about duties of petitioner so as to determine whether petitioner was ousted from definition of "civil servant". JUDGMENT This is an appeal challenging the decision dated 8-12-1987 recorded by learned Presiding Officer, Punjab Labour Court No. 2, Lahore. 2. The facts of the case are that the respondent was working as Statistical Inspector in Scale No. 11. A post of Office Superintendent in scale No. 14 fell vacant and the respondent was enquired whether he wished to be considered for promotion. He enquired from the office whether the promotion was on regular basis or on adhoc basis. Without sending reply of this query the department posted him as Office Superintendent in officiating capacity. The respondent refused to take the charge whereupon his junior was posted as such and the respondent was placed at the bottom of the seniority list of Head Clerks/Statistical Inspectors. The respondent in his grievance petition challenged the act of the appellants whereby he was placed junior. In the…

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