Law:

Section:

Constitution of Pakistan (1973)---Art. 212(3)---Service Tribunals Act (LXX of 1973), Ss.2-A & 4--­Permanent workman---Status---Failure to treat workers as permanent employees---Employees of Pakistan Railways, were terminated orally on the ground that they were not workers/workmen---Contention of the employees was that they had worked for Pakistan Railways for various periods ranging up to ten years or more on record but they were treated as temporary workers and to avoid the employees acquiring status of permanent workman, break was created in their employment---Documents relied upon by the employees were denied by the Authorities and alleged the same as unauthentic and forged---Validity---To resolve the factual controversy, passed by Service Tribunal was set aside and the matter was remanded for fresh decision on merits after taking into consideration relevant evidence adduced by parties---Appeal was allowed. JUDGMENT RANA BHAGWANDAS, J.-----These appeals by leave of the Court arise out of a common judgment dated 27-4-1998 rendered by the Federal Service Tribunal dismissing service appeals of the appellants for the reason that as they were not permanent workmen they could not invoke the jurisdiction of the Tribunal. The Tribunal was also swayed away that they did not tile their orders of appointments and written orders terminating their employment after -having served in Pakistan Railways for over a decade. 2. The appellants though worked for Pakistan Railways for various periods ranging up to ten years or more on paper but they were treated as temporary workers and their services were terminated after a lapse of two months or so every time in order to create a break in their employment so that they should not acquire the status of a permanent workman. It is not disputed that they were appointed some times in 1986, 1987 whereas their services were orally terminated in September, 1997 obliging them to prefer separate grievance petitions under section 25-A of the Industrial Relations Ordinance before the Sindh Labour Court, Sukkur. Respondent's case before the Labour Court was that the appellants were not workers/workmen within the meaning of the term. Their…

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