Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) West Pakistan Water and Power Development Authority Act (XXXI of 1958)--S.17(1-B)--Constitution of Pakistan t 117 t ). Art.212(3)--WAPDA employee-­Termination of service--Leave to appeal was, granted to consider as to whether High Court was in error in not considering S.17(1-B) of Act XXXI of 1958, as amended up-to-date, by which the services of such employees were held to be the service of Pakistan and where under the employees were to be considered as civil servants for the purpose of seeking remedy by way of appeal before the Service Tribunal. (b) West Pakistan Water and `Power Development Authority Act (XXXI of 1958)- ---S.17(1-B)--Constitution of Pakistan (1973), Art.212(3)--Employees of WAPDA deemed to be civil servants for purposes of seeking relief against termination of service--Service Tribunal alone, had jurisdiction to deal with cases of termination--Orders passed by Labour Court and Labour Appellate Tribunal in respect of termination of such employees were without jurisdiction--High Court was in error in refusing to interfere with the same, in judicial review by not considering that S.17(1-B) of Act XXXI of 1958 was applicable to the case-­Findings of High Court, Labour Appellate Tribunal and Labour Court were set aside by Supreme Court on acceptance of appeal. WAPDA v. Muhammad Arshad Oureshi and others 1986 S C M R 18 Syed Iftikhar Ahmad, Senior Advocate Supreme Court instructed by Rana Maqbool Ahmad Kadri, Advocate-on-Record for Appellant. Respondents: Ex parte. Date of hearing: 21st December, 1988. JUDGMENT JAVID IQBAL, J.--This appeal has been filed by Water and Power Development Authority (hereinafter called "WAPDA") and is directed against the judgment of the Lahore High Court, Lahore whereby its writ petition was dismissed. Briefly the facts are that respondent Javaid Ahmad was appointed as Line Superintendent by the appellant and the said respondent reported for duty on 16 March, 1981. However his services were terminated vide order of the appellant dated 24 March, 1981. Respondent Javaid Ahmad moved a petition under section 25-A of the Industrial Relations Ordinance 1969 and vide order dated 31 May, 1981 the Punjab Labour Court No.l…

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