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1983 P L C 570
[Labour Appellate Tribunal
Before Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal
WAPDA
versus
SIRAJ DIN AND ANOTHER
Appeals Nos. GA‑763 and 764 of 1981/Pb., decided on
Industrial Relations Ordinance (XXIII of 1969)‑--
‑‑Ss. 25‑A & 37‑ WAPDA employee (Line Superintendent) seeking remedy against non‑promotion‑No order that petitioner declared as unfit for promotion‑All WAPDA employees, held, civil servants for purpose of Service Tribunals Act, 19'73‑Labour Court, held, had no jurisdiction and matter falling within jurisdiction of .,Service Tribunal‑Decision of Labour Court accepting grievance in petition set aside by Appellate Tribunal with direction that petitions be presented to proper forum‑West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17 (1‑B) and Service Tribunals Act (LXX of 1973), S, 4 (bl (i).
F. U. Malik v. WAPDA Civil Petition No. 163/11 of 1982 (unreported) rel.
Khan Muhammad Virk for Appellant.
Mian Mahmood Hussain for Respondents.
Date of hearing :
The appeals captioned above arise from the decision dated 9‑11‑1981 passed by the learned Presiding Officer Punjab Labour Court No. 3, Feroze wala, whereby the appellant was directed to promote the respondents with effect from I1‑4‑1981.
2. It has been argued by the learned counsel for the appellant that the respondents being civil servants, the Service Tribunal has jurisdiction and not the Labour Courts. The controversy on‑ the point has been set at rest by the Supreme Court in F. U. Malik v. WAPDA (Civil Petition for Special Leave to Appeal No. 163/11 of 1982, decided on 5‑12‑1982 by holding that all WAPDA employees are civil servants for the purposes of Services Tribunals Act. According to section 4 (b) (i) the jurisdiction of the Services Tribunal is barred where a person has been found as unfit for retaining in service or for promotion. In the .present case no such order has been challenged, whereby the respondents may have been declared as unfit for promotion. The cases fall within the jurisdiction of the Service Tribunal and
3. The appeals are accepted and the impugned decisions of the learned lower Court are set aside. The grievance petitions are directed to be returned to the respondents for presentation to the proper forum.
Appeals dismissed,
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