Case Details

Citation(s)
1995 SLG 1412 1995 SLD 1412 1995 PLC 667
Lahore High Court
Writ Petition No. 5399 of 1994, heard on 7th June, 1995.
IHSAN-UL-HAQ CHAUDHRY, J

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MOHABBAT ALI

VS

PROVINCE OF PUNJAB and others

Law:

Section:

(a) Civil service- ---- Every Government servant is not civil servant. Shahid Riaz v. Deputy Commissioner and others 1991 PLC (C.S.) 515; Faqir Muhammad v. The Director of National Savings, Multan Region, Multan PLD 1992 SC 127; Secretary to Government of Punjab, Agricultural Department v. Field Workers' Union, EA.D.A., Lyallpur 1976 PLC 13; Lahore Improvement Trust (Housing Wing) Employees' Union v. Registrar, Trade Unions 1976 PLC 200; Secretary, Irrigation Department v. Workers and Staff Union 1980 PLC 916; Mechanical Engineer, Upper Sindh Mechanical Division, Sukkur v. Andrew John 1978 LSLR 4 and Baqa Muhammad v. Punjab Province 1976 PLC (C.S.T.)1(2)) ref. (b) Workmen's Compensation Act (VIII of 1923)--- ----Sched. II---Industrial Relations Ordinance (XXIII of 1969), S. 1(3)--­"Workman"---Definition---Driver of Deputy Commissioner's Office was a "workman" being covered by the definition as given in Sched. II to Workmen's Compensation Act, 1923---Provisions of Industrial Relations Ordinance, 1969, however, do not extend to all workmen or workers; excluded therefrom is such category of persons who are employed in administration of State---Driver of Deputy Commissioner's Office not being connected with the Administration of State was a "workman" within the meaning of the term as used in Industrial Relations Ordinance, 1969. Sindh Road Transport Corporation and 2 others v. Staff Union and 2 others 1976 PLC 361; Employees' Union v. Executive Engineer 1972 PLC 285; The Federated State School Teachers' Association of Australia v. The State of Victoria (1928-29) 41 CLR 569; The Management of Municipal Committee v. General Secretary Union 1968 PLC 270 and Secretary, Irrigation Department v. Workers and Staff Union, Excavator Division, Faisalabad 1980 PLC 916 rel. (c) Constitution of Pakistan (1973)-- ----Art. 199---Punjab Service Tribunals Act (IX of 1974), S. 4---Industrial Relations Ordinance (XXIII of 1969), S. 25-A---Driver of Deputy Commissioner's Office---Dismissal for misconduct---Driver claimed that he having been acquitted by Criminal Court on those charges which formed subject-matter of misconduct, he should not have been proceeded against in departmental…
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