Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(xxviii) & 25-A---Civil Servants Act (LXXI of 1973), S. 2(b)---Railway Servants (Efficiency and Discipline) Rules, 1975---Service Tribunals Act (LXX of 1973), S. 3(2)---Grievance petition---Maintainability---"Workman" or "civil servant"---Employee who was working as Primary School Teacher in Railways' Boys High School, though was promoted to Scale-9, but when a post fell vacant in Secondary School, his claim to promotion was overlooked and someone else was appointed against that vacancy---Employee had challenged such appointment in his grievance petition under S. 25-A of Industrial Relations Ordinance, 1969 which was challenged by employer contending that school run by employer was not an Industrial or Commercial Establishment and employee being a school teacher was not a workman and his grievance petition was not maintainable---Held, employee being in service of Railways as a School Teacher, 'was a member of civil service of Federation holding a civil post in connection with affairs of Federation---Employee, thus was to be regarded as a "civil servant" under S. 2(b) of Civil Servants Act, 1973 and terms and conditions of his service were to be determined as provided in that Act and Railway Servants (Efficiency and Discipline) Rules, 1975---Service Tribunal having exclusive jurisdiction under S. 3(2) of Service Tribunals Act, 1973 in respect of matters relating to terms and conditions of service of civil servants, jurisdiction of all Courts, including High Court, thus, was barred and only decision of Service Tribunal would prevail subject to appeal from its decision lying to Supreme Court---Appellant/employee School Teacher, thus could not be held to be a "workman" for the purpose of labour laws and Labour Court had no jurisdiction to entertain his grievance petition. Akbar Ali v. Pakistan Railways 1992 SCMR 1341; Mufti Mushtaq Ahmed v. Federation of Pakistan PLD 1981 SC 172 and Faqir Muhammad v. Director of National Savings PLD.1992 SC 127 ref. S.P. Lodhi, Representative for Appellant. Akhlaq Ahmed Siddiqui for Respondents. Date of hearing: 21st May, 1995. . DECISION This appeal has been remanded…

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