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Appeal No. KAR-67 of 1984, decided on 5th April, 1984.

-- Ss. 2 (xxviii) & 25-A and West Pakistan Industrial and Com mercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1(4) - Grievance petition against removal from service for misconduct-Employee of Port Trust Karachi being carried on by and under authority of Federal Government and having statutory rules of Discipline and Conduct for its employees-Cannot invoke provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance and cannot bring grievance petition in respect of removal from service-Workman removed from service not in connection with an industrial dispute No more a "workman" as defined under Industrial Relations Ordinance hence not entitled to grievance petition.

Choudhry Rasheed Ahmed for Appellant.

Date of hearing: 1st April, 1984.

The appellant was an employee in the Karachi Port Trust, the respon dents herein, He was removed from service for misconduct. He served a grievance notice on the respondents and then filed an application under section 25-A, I. R. O., 1969 for his reinstatement in the Sind Labour Court No.1 at Karachi. The learned Labour Court dismissed his application for want of jurisdiction. Aggrieved by the order the appellant has come in this appeal.

2. I have heard the learned counsel for the appellant Mr. Choudhry Rasheed Ahmed at considerable length. It was held by the Supreme Court of Pakistan in the case of Trustees of the Port of Karachi v. Abdul Ghani (1), that the Standing Orders are not applicable to the respondents establish ment by virtue of proviso 1 to section 1, clause (4) of the Standing Orders Ordinance, 1968, inasmuch as the respondents establishment was being carried on by or under the authority of the Federal Government and has statutory rules of Discipline and Conduct for its employees. Accordingly since the Standing Orders are not applicable to the respondents establish ment the appellant cannot invoke the provisions of Standing Orders and being his grievance in respect of his removal from service before the learned Labour Court. Furthermore, he also cannot file a grievance petition under section 25-A, I. R. O., 1969 inasmuch as such an application can only be made by a worker' defined in Industrial Relations Ordinance, 1969, but the appellant by reason of his removal from service, which is not connected with an industrial dispute has ceased to fall within the same definition Relying on the Supreme Court authority this Tribunal in Appeal No. KAR-584/1982, decided on 20th November, 1983 and No. KAR-148/ 1983, decided on 8th January, 1984 recently held for the detailed reasons given in those orders that the grievance applications against the respondents establishment were not legally maintainable. The case of the present appellant is not at all distinguishable both on law as well as facts and no exception can be taken to the impugned order passed by the learned Labour Court.

3. The result is that the appeal is dismissed in limine.

A. E.

Appeal dismissed.

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