Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---Grievance petition---Maintainability---Employee being Chowkidar in Engineering Department of Sindh Province, did not fall within definition of "workman" either under Factories Act, 1934 or under Workmen's Compensation Act, 1923, his grievance petition would not be maintainable as in his case jurisdiction of Labour Court had been barred under Service Tribunals Act, 1973. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 38---Appeal---Limitation---On filing appeal by employer against order of Labour Court respondent-employee argued that appeal filed by employer was time-barred as same was filed after 30 days---Order passed by Trial Court which was passed without jurisdiction, being void, objection as to limitation would not arise in -case of such order because in such case time would not run from date of passing that order; but there would be a continuing cause of action against that void order. M. Latif Saghar for Appellant. Shabbir Ahmed Awan for Respondent. Date of hearing: 17th May, 1995. DECISION This appeal arises from order of the VIIth Labour Court, Sukkur, allowing the grievance petition of one Qadir Bux Chowkidar in the Engineering Department, Government of Sindh and directing his reinstatement in service with back benefits. 2. The grievance of the Chowkidar in his petition filed in the Labour Court was that although under the Medical Certificate issued, his age of retirement should have been on 9-1-1995. He was retired on 9-1-1991 according to the earlier entries in his Service Book. 3. The learned counsel for the Executive Engineer the appellant, has rightly pointed out that the grievance petition under section 25-A of the I.R.O., 1969 is not maintainable because the respondent Chowkidar is a civil servant and jurisdiction of all the Courts has been barred under the Service Tribunals' Act. Section 2(b) of the Civil Servants Act, 1973 defines a civil servant as under:--…

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