| Citation(s) |
|---|
| 1992 SLG 812 1992 SLD 812 1992 PLC 444 |
Labour Appellate Tribunal, Sindh
Revision Application No. SUK-444 of 1989, decided on 27th March, 1991.
AHMED ALI U. QURESHI APPELLATE TRIBUNAL
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Revision Application No. SUK-444 of 1989, decided on 27th March, 1991.
AHMED ALI U. QURESHI APPELLATE TRIBUNAL
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VS
ILLAHI BUX CHACHER and another vs ILLAHI BUX CHACHER and another
Law:
Section:
West Pakistan Water and Power Development Authority Act (XXXI of 1958)-- ----S. 17(1-B) & 17(1-C)---Industrial Relations Ordinance (XXIII of 1969), S.38 (3-a)---Jurisdiction---Labour Respondent who was an employee of SCARP (WAPDA) having been declared a civil servant under S. 17(1-B), could not file 'grievance petition before Labour Court---Labour Court had no jurisdiction to adjudicate grievance petition of respondent---Order of Labour Court, assuming jurisdiction was set aside. Manzar Alam for Applicants. Syed Tauqir Hasan for Respondents No. 1. Date of hearing: 16th March, 1991. DECISION This is an application under section 38(3-a) of I.R.O., 1969, invoking the suo motu jurisdiction of this Tribunal with prayer to examine correctness, legality and propriety of the order. dated 11-10-1989, passed by learned Presiding Officer, Sindh Labour Court No. VII at Sukkur in grievance Petition No. 26 of 1989. 2. I have heard Mr. Manzar Alam, learned Advocate for the, applicants and Mr. Syed Tauqir Hasan, learned counsel for the respondent. 3. The applicant raised a preliminary objection before the learned Labour Court that the Labour Court had no jurisdiction to adjudicate the grievance petition of the respondent who was an employee of `WAPDA'. The objection was rejected by the learned Labour Court on the ground that it required recording of evidence to find out as to whether the amendment in West Pakistan Water and Power Development Authority Act, 1958 (XXXI of 1958) was applicable only to the Water and Power Development Authority and not to the `SCARP' and secondly whether the `Chowkidar' was included in the definition of Security Staff. 4. Under the West Pakistan Water and Power Development Authority Act, 1958 (WAPDA) an `Authority' was established under section 3 of the Act for carrying out the purposes of the Act. By Ordinance (LXXXVI of 1975) dated 30-9-1975 subsection (1-B) was added to section 17 of the said Act of 1558 which reads as under:- "(1-B). Service under the Authority is hereby declared to be service of Pakistan and every person holding a post under the Authority, not being a person who is on deputation to the Authority from any province, shall be…
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