| Citation(s) |
|---|
| 1998 SLG 1254 1998 SLD 1254 1998 PLC 158 |
National Industrial Relations Commission
Appeal No. 12(58) of 1997/L, decision dated: 16-08-1997.
MUHAMMAD ZAMAN QURESHI, CHAIRMAN, S. IJAZ HUSSAIN GILLANI, SENIOR MEMBER AND BAHADER ALI, MEMBER
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Appeal No. 12(58) of 1997/L, decision dated: 16-08-1997.
MUHAMMAD ZAMAN QURESHI, CHAIRMAN, S. IJAZ HUSSAIN GILLANI, SENIOR MEMBER AND BAHADER ALI, MEMBER
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CHIEF ENGINEER (WATER) WAPDA, FAISALABAD REGION, FAISALABAD
VS
GHULAM RASOOL, SENIOR STOREKEEPER
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-------S. 22-A(8)(g)---Petition---Maintainability---Petitioner who was Senior Store-Keeper in WAPDA did not fall within definition of "workman" either under Workmen's Compensation Act, 1923 or Factories Act, 1934---Case of petitioner being related to terms and conditions of service, .National Industrial Relations Commission, lacked jurisdiction to adjudicate in the matter---Petition filed by petitioner under S. 22-A(8)(g) of Industrial Relations Ordinance, 1969 was returned to petitioner for presentation before proper forum. Writ Petition No. 15465 of 1995 and PLD 1988 SC 53 ref. Muhammad Iqbal Khokhar for Appellant. Waqar Ahmad for Respondent. ORDER This appeal arises out of the order dated 1-4-1997 passed by Agha Salim Khurshid, learned Member of this Commission whereby in a petition under section 22-A(8)(g) of the Industrial Relations Ordinance, 1969 filed by the respondent/petitioner, the impugned transfer order dated 27-7-1996 was set aside and respondent (Appellant before this Bench) was directed to consider the case of the respondent for promotion. 2. During the arguments, the learned counsel for the appellant raised a preliminary objection about the jurisdiction of this Commission by arguing that respondent is a civil servant and relying upon the judgment of the Lahore High Court, Lahore in Writ Petition No. 15465 of 1995, dated 25-6-1996 maintained by the Honourable Supreme Court of Pakistan vide judgment dated 27-6-1997, this Commission lacks jurisdiction to adjudicate upon the matter as it relates to the terms and conditions of service of the respondent who is Senior Store-Keeper and does not fall within the definition of workman either under the Workmen's…
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