Law:

Section:

(a) Civil Servants Act (LXXI of 1973)--- ----S.2(b)(ii)---Workmen's Compensation Act (VIII of 1923), S.2(n)(i)--­Grievance petition filed by Railway Employees who were working as clerks was defended by Railways contending that employees were not workmen, but were civil servants thus Labour Court had no jurisdiction to try their petition--­Petitioners/employees argued that Railway employees did not hold any civil post in connection with affairs of Federation, but were employees of Railway Board, thus they were workmen and not civil servants---Apart altogether from fact that Railways was one of departments of Government and was controlled by Ministry of Railways which was headed by a Federal Minister, Railways was one of the subjects falling under Part II of Federal Legislative List and was a Federal subject under Constitution of Pakistan, 1973---Persons employed by Pakistan Railways thus were not per se excluded from definition of civil servants as given in S. 2(b)(ii) of Civil Servants Act, 1973 and it was only when it was shown that they were not employed in any administrative, district or Sub­ divisional office and were not employed in any of capacities as specified in Schedule II that they could claim to be workmen as defined in S.2(n)(i) of Workmen's Compensation Act, 1923. Mufti Mushtaq Ahmad v. Federation of Pakistan PLD 1981 SC 172 ref. (b) Constitution of Pakistan (1973)--- ---Art. 199---Workmen's Compensation Act (VIII of 1923), S.2(n)(i)---Labour Court despite having noticed jurisdictional objection raised More it, had failed to record any finding on that vital aspect of matter---Such failure on the part of Labour Court had rendered its decision to be without lawful authority and of no legal effect---High Court in exercise of its Constitutional jurisdiction set aside of Labour Court and remanded case to be decided afresh on question of jurisdiction. Ch. Fazal-i-Hussain for Petitioner. Muhammad Zaman Qureshi for Respondents Nos.3 and 4. Nemo for Respondents Nos. l, 2 and 5 to 56. Date of hearing: 27th May, 1992. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, arises out of an application under section…

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