Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)Ss. 2(xxviii) & 25AWorkmen's Compensation Act (VIII of 1923), S.2(n)Factories Act (XXV of 1934), S.2(h)Workman-Petitioner who was originally appointed as an Assistant Way Inspector, later on was promoted as permanent Way Inspector GradeIII and presently was serving in Grade16 as P.W.I in Pakistan Railways-Petitioner had challenged his removal from service by filing grievance petition under S. 25A of Industrial Relations Ordinance, 1969 before Labour Court-Petitioner who did not fall in any of the two categories i.e. Factories Act, 1934, S. 2(h) or Sched. II of Workman's Compensation Act, 1923 in circumstances, was a civil servant and not a workmanRemedy against such removal from service did not lie before Labour CourtEven if assumed that -Petitioner was not a civil servant, looking to the nature of his duties, which by all means were of supervisory nature, -Petitioner would not be a workman entitled to seek remedy before Labour Court. Muhammad Akbar Butt and others v. Islamic Republic of Pakistan through Secretary, Ministry of Communication, Islamabad and others PLD 1978 Kar. 90; Mufti Mushtaq Ahmed v. The Federation of Pakistan PLD 1981 SC 172; Akber Ali and others v. Senior Administrative Officer, Pakistan Railways and another 1992 SCMR 1341 and Muhammad Aslam v. Divisional Engineer, Pak. Railway 1993 SCMR 1017 ref. DECISION This is an appeal from the order of Labour Court No. V, Karachi, whereby the -Petitioner was reinstated in service with full back benefits. It has arisen in the following circumstances. 2. The -Petitioner was appointed as an Assistant Way Inspector on 391960 and after qualifying in the course was promoted as Permanent Way Inspector GradeI in 1968. In 1974 he was promoted as Permanent Way Inspector GradeII. 3. On 2231986 he was issued a chargesheet by the Divisional Superintendent, Pakistan Railways, Karachi which reads as under: "(1) While holding the additional charge of PWI/LND, you entrusted the work of engaging labour against the work for raising embankment at Bin Qasim to Mr. Muhammad Aslam AWI/MYP instead of Mr. Sharafat Ali, the Sectional AWI with mala fide intention which is…

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