Case Details

Citation(s)
2000 SLG 1620 2000 SLD 1620 2000 PLC 322
Labour Appellate Tribunal, N.W.F.P.
Appeals Nos. 27, 28, 29 and 30 of 1998, decision dated: 4-10-1999


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SAID WAHAB and others

VS

THE CHIEF MECHANICAL ENGINEER, LOCOMOTIVE FACTORY, RISALPUR and others

Law:

Section:

Industrial Relations Ordinance (XXIIII of 1969) ----Ss. 25 A & 37(3) Grievance petition Maintainability Employees serving in Pakistan Railways being aggrieved of different office orders o: Railway administration, filed grievance petitions before Labour Court which were dismissed having been abated by virtue of provisions of S.2A in Service Tribunals Act, 1973 Such employees would be deemed to be civil servants Validity Pakistan Railways 'functioning as a Department of Federal Government, could not be said to be an, Authority, Corporation, Body or Organization of Federal Government as enumerated in S.2A, Service Tribunals Act, 1973 as it was exclusively owned and controlled by Federal Government through Ministry of Railways Provisions of S.2 A, Service Tribunals Act, 1973, would not apply to Railway employees who fell within definition of "workman " Order of Labour Court was, thus, set aside. JUDGMENT This judgment shall dispose of the above captioned four appeals as common questions of law and facts are involved therein for determination by this Tribunal. 2. The facts relevant for the disposal of these appeals are that the appellants were employed in the Pakistan Railways. They being aggrieved of the different office orders of the Railways Administration served grievance notices on the employer as required under the law but their efforts did not yield any result. Therefore, they approached the Labour Court, Peshawar through separate grievance petitions under section 25 A, of the Industrial Relations Ordinance, 1969 (to be called the Ordinance hereinafter) for the reversal of the impugned orders with consequential benefits. The learned Labour Court, while, relying upon the provision of section 2 A, of the Service Tribunal Act, 1973 (hereinafter, to be called the Act) dismissed the two grievance petitions as having abated. while the other two grievance petitions were adjourned sine die and the parties were directed to seek further .clarification in respect of the form of adjudication from the Labour Appellate Tribunal vide impugned orders, dated 1 10 1997 and 25 10 1997 respectively. 3. That the appellants feeling aggrieved by the aforesaid orders of the…
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