| Citation(s) |
|---|
| 1997 SLG 970 1997 SLD 970 1997 PLC 762 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1842-L of 1996, decision dated: 27-06-1997. (On appeal from the judgment of Lahore High Court, Lahore, dated 25-6-1996 passed in Writ Petition No. 15465 of 1995).
IRSHAD HASAN KHAN AND KHALILURREHMAN KHAN, JJ
Arif Chaudhry, Advocate instructed by Ch. Talib Hussain, AdvocateonRecord for Petitioner. S.M. Masud, Advocate instructed by Mahmoodul Islam, Advocate onRecord for
Respondents.
Civil Petition for Leave to Appeal No. 1842-L of 1996, decision dated: 27-06-1997. (On appeal from the judgment of Lahore High Court, Lahore, dated 25-6-1996 passed in Writ Petition No. 15465 of 1995).
IRSHAD HASAN KHAN AND KHALILURREHMAN KHAN, JJ
Arif Chaudhry, Advocate instructed by Ch. Talib Hussain, AdvocateonRecord for Petitioner. S.M. Masud, Advocate instructed by Mahmoodul Islam, Advocate onRecord for
Respondents.
WASEEM AHMAD KHAN
VS
WAPDA through Chairman, WAPDA, Lahore and 3 others
Law:
Section:
(a) West Pakistan Water and Power Development Authority Act (XXXI of 1958)S. 17(1B)Industrial Relations Ordinance (XXIII of 1969), S. 25AConstitution of Pakistan (1973), Art. 185(3)Employee of WAPDAEmployees of Water and Power Development Authority holding post under Authority would be deemed to be in service of PakistanJurisdiction of. Labour Court in matters relating to terms and conditions of service would stand barredService Tribunal alone could deal with grievance of Authority's employees. WAPDA and another v. Muhammad Arshad Qureshi 1986 SCMR 18; Pakistan WAPDA v. Aftab Ahmad Warsi and 5 others 1986 SCMR 676: WAPDA v. Muhammad Ashraf Naeem 1997 SCMR 1128; Project Director, Ghotki (WAPDA) v. Commissioner, Workmen's Compensation and Authority under the Payment of Wages Act, Sukkur and Jacobabad at Sukkur PLD 1992 SC 451 ref. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958) Ss. 17(1B)(1C) & 1(1A)West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15Industrial Relations Ordinance (XXIII of 1969), S. 25APakistan Essential Services (Maintenance) Act. (LIII of 1952), S. 3Service Tribunals Act (LXX of 1973), S. 4Employee of WAPDASuch employee would be civil servant for purposes of Service Tribunals Act, 1973 and notwithstanding applicability of provisions of S.O. 15, West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, matters and grievances with regard to terms and conditions of service were to be taken before Service Tribunal which on basis of provisions of Ss. 17(1B) & (1C), West Pakistan Water and Power Development Authority Act, 1958 would have exclusive jurisdictionOrder of removal or termination of service passed under S. 17(1A) of the Act, in respect of employee of Authority, could not be called into question under Industrial Relations Ordinance, 1969 or Pakistan Essential Services (Maintenance) Act, 1952 or under any other law for the time being in force, before any Court, Tribunal or Commission, for Service Tribunal has been conferred exclusive jurisdiction in that respectSuch order could be assailed only before Service Tribunal. WAPDA v.…
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