Case Details

Citation(s)
2003 SLG 1101 2003 SLD 1101 2003 PLC 1335
Lahore High Court
Writ Petition No. 13939 of 1999, heard on 2-07-2003.
M. JAVED BUTTAR, J

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SHARIF HUSSAIN

VS

PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE and 4 others

Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------S.2-A---Civil Servants Act (LXXI of 1973)----Employees of Federal Government---Provisions of S.2-A of Service Tribunals Act, 1973--­Applicability---Provisions of S.2-A of Service Tribunals Act, 1973, are not applicable to Federal Government employees but are applicable only to those employees who are in service under any Authority, Corporation, Body or Organization established by or under a Federal Law or which is under or controlled by Federal Government or where the Federal Government has a controlling share or interest in any such Authority and Corporation etc.--­Such employees have by fiction of law to be considered in service of Pakistan and deemed to be civil servants for the purposes of Service Tribunals Act, 1973---Employees of Federal Government who have been excluded from the definition of civil servant' as provided in S.2(1)(b) of Civil Servants Act, 1973 are not amenable to the provisions of Service Tribunals Act, 1973. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---Service Tribunals Act (LXX of 1973), S.2-A---Civil Servants Act (LXXI of 1973), S.2(1)(b), third proviso---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Employee of Federal Government---Status of workman---Petitioner was Goods Clerk in Pakistan Railway and his services were terminated---Grievance petition under S.25-A of Industrial Relations Ordinance, 1969 was accepted by Labour Court and he was ordered to be reinstated in service---Labour Appellate Tribunal set aside the order passed by the Labour Court only tin the ground that after insertion of S.2-A in Service Tribunals Act, 1973, remedy was with the Service Tribunal---Plea raised by the petitioner was that he was workman and being employee of Federal Government was not covered under the provisions of S.2-A of Service Tribunals Act, 1973---Validity---Only those employees of Federal Government could approach Service Tribunal who were not excluded from the definition of 'civil servant' as provided in S.2(1)(b) of Civil Servants Act, 1973---Petitioner having been held a 'workman' by Labour Court and such finding having trot been upset by the…
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