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Appeal No. GA‑235 of 1983, decided on 13th August, 1983.
‑‑ Ss. 25‑A & 38 (3) read with West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17 (1‑B) ‑ Deputa tionist of Electricity Department working under WAPDA ‑ Not a Civil Servant‑Within jurisdiction of Labour Court‑Labour Court dismissing grievance petition treating petitioner as civil servant and for want of jurisdiction ‑ No evidence on record whether petitioner was or not a deputationist‑Order of Labour Court, in circumstances, set aside by Appellate Tribunal and case remanded for re-deciding after opportunity of evidence to both parties.
Mian Mahmood Hussain for Appellant.
M. A. Rashid for Respondent.
Date of hearing : 9th August, 1983.
This appeal arises from the decision dated 13th April, 1983 passed by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala, where by the grievance petition of the appellant was . dismissed on the ground that he was a civil servant and the Court had no jurisdiction.
2. The appellant was employed in the electricity department on 22nd Tune, 1948 and on the formation of WAPDA was transferred there. The parties failed to produce evidence on the point as to on what conditions the appellant was sent to WAPDA. If his services were transferred with out retaining lien, he would be WAPDA's employee and not a deputa tionist and if his lien was retained and was sent on deputation, he would not be a civil servant as section 17 (1‑B) excludes the deputationists from the pale of civil servant. Both the learned counsel for the parties have agreed that the case may be remanded, so that they could produce relevant evidence for the decision of the point. 1, accordingly, accept the appeal and setting aside the impugned order of the learned lower Court, remand the case with the direction that after affording proper opportunity to the parties to lead evidence on the point of civil servant, the case be re-decided.
A. E, Appeal accepted.
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