Case Details

Citation(s)
1993 SLG 1146 1993 SLD 1146 1993 PLC 90
Labour Appellate Tribunal, Sindh
Appeal No. KAR-294 to KAR-298 of 1991, decided on 17th February, 1992.
AGHA ALI HYDER, APPELLATE TRIBUNAL

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INTEZAR AHMAD and others

VS

RAILWAYS, LAHORE and another

Law:

Section:

Workmen's Compensation Act (VIII of 1923)--- ----S.2(a)---Workman---Sectional Pay Master working in Railway Headquarters, whether a "workman"---Persons working in connection with movement of Railways or associated with track were "workman", not those working in Headquarter office---Sectional Pay Master working in Railway Headquarter Office was not a "workman"---Labour Court's finding that a Sectional Pay Master working in Railway Headquarter Office was not a "workman" was not open to any exception. Trustees of the Port of Karachi v. Abdul Ghani 1983 SCMR 769; Karachi Development Authority v. Nasim Ahmed Khan 1991 PLC 522; General Manager, Railways v. Muhammad Jeelani Ashrafi and 2 others 1991 PLC 525; Zia Ahmed Makhdoom v. Pak Suzuki Motors 1991 PLC 145 and Security Papers Ltd. v. Sindh Labour Appellate Tribunal PLD 1988 SC 180 ref. M.A. Hassan Malik for Appellants. M. Latif Saghar for Respondents. DECISION These are 5 appeals in which common points are involved, and I propose to dispose of them by a composite order. The circumstances in which these appeals have arisen are as under:- 1. The appellants were appointed as cashiers in the Railway Department on different dates and in due course were promoted as Sectional Pay Master on ad hoc basis. The Accounts Officer Administration, the Railways on 27-9-1984 issued a seniority list of the Sectional Pay Masters but their names in spite of their seniority were kept low therein though they were entitled to higher grade in BS-15. Later on by another Notification dated 21w3-1990 the promotion of the appellants as ad hoc Sectional Pay Masters was regularised, but with effect from 11-5-1989 only. 2. Feeling aggrieved with the aforesaid Notification the appellants served grievance notices on the respondents but with no results. They had thereafter filed grievance applications before the Labour Court praying that they be allowed the back benefits of BS-15 with effect from 1-4-1988. 3. The respondents in their Written Statement inter alia contended that their applications did not lie as they were Civil Servants, and as such could not invoke the jurisdiction of the Labour Court. They also raised the plea of limitation among…
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