Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)Ss. 1(3), 2(xxviii) & 25ACivil Servants (Appointment, Promotion and Transfer) Rules, 1973, R. 21Lowpaid nonsupervisory staff of Postal Department, whether workers attracting jurisdiction of Labour Courts­Employee of post office joining "Nai Roshni" School System on relinquishing charge of his substantive postDepartment of "Nai Roshni" School System was disbanded, whereupon employee claimed to be still employee of his parent department i.e. Postal Department but that Department refused to take him back whereupon employee filed grievance petition for reinstatement in postal employment but his petition was rejectedValidityJurisdiction of Labour CourtEmployee's entitlement to relief of reinstatement in serviceClerk of ' Post and Telegraph Department would be covered by definition of worker in terms of S.2(xxviii), Industrial Relations Ordinance, 1969Provision of S. 1(3) of the Ordinance envisages that although provisions of Industrial Relations Ordinance would not be applicable to persons employed in administration of the State, yet lowpaid employees of Railways, Post Offices, Telegraph and Telephone Departments have been excluded, and they, unless performing jobs of administrative, managerial or supervisory character, would be entitled to invoke provisions of Labour Laws, by having recourse to Labour CourtsEmployees of Post Office were thus entitled to maintain grievance petition against nonretention of lien in parent Department and could invoke jurisdiction of Labour CourtEmployee's lien in his parent Department could only be terminated if he was confirmed against some other permanent post in some other department/organizationEmployee having joined "Nai Roshni" School System for better future, on disbanding of that department, Postal Department could not refuse his reabsorption in same capacity, in which he had leftEmployee having served his parent Department for more than 6 years, before joining "Nai Roshni" School System, his probation period would be deemed to have been completed on conclusion of two years of joining serviceEmployee was thus, entitled to be reabsorbed in his parent Department on disbanding of…

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