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. Ch.Rashid Ahmed for Appellants. Syed Fasahat Hussain Rizvi for Respondent. Date of hearing: 16th March, 1989. 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…

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