Law:

Section:

(a) West Pakistan Water and Power Development Authority Act (XXXI of 1958)S. 17(1B)West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1(4)(c), proviso Constitution of Pakistan (1973), Art. 212(3)Employee of Water and Power Development AuthorityLeave to appeal was granted to consider whether West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 would be applicable to employees of WAPDA notwithstanding proviso to S. 1(4)(c), West Pakistan Water and Power Development Authority Act, 1958. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958) S. 17(1B)Service Tribunals Act (LXX of 1973), S. 4Workmen's Compensation Act (VIII of 1923), Sched. II, cl. (xix)Civil Servants Act (LXXI of 1973), S. 2(b)Employee of Water and Power Development AuthorityApplicability of Service Tribunals Act, 1973Extent­Provision of S. 17(1B), West Pakistan Water and Power Development Authority Act, 1958 is in two parts; first part whereof has declared service under the Authority to be Service of Pakistan while the Second Part of 5.17(1B) of the Act declares that post under the Authority of the type described, would be deemed to be civil servant for purposes of Service 'Tribunals Act, 1973Result of such bifurcation was that employee of Authority would be deemed to be in Service of Pakistan but not necessarily civil servant in terms of Civil Servants Act, 1973Employee of Water and Power Development Authority, however, stood excluded from definition of civil servant being covered under Workmen's Compensation Act, 1923, Sched. II, cl. (xix), whereby persons connected with generation, transformation and supply of electricity were to be treated as "workmen" for. purposes of Workmen's Compensation Act, 1923. Principal, Cadet College, Kohat and another v. Muhammad Shoab Qureshi PLD 1984 SC 170; Anwar Hussain v. Agricultural Development Bank of Pakistan PLD 1984 SC 194 and Abdul Ghaffar v. WAPDA through its Chairman and another 1990 SCMR 1462 ref. (c) West Pakistan Water and Power Development Authority Act (XXXI of 1958) S. 17(1B)West Pakistan Industrial and Commercial Employment (Standing Orders)…

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