1997 PLP 348 (PLC)

Gohar Iqbal for Respondent. Date of hearing: 13th May, 1996. This appeal by Divisional Superintendent Railways. Sukkur directed against the judgment of Sindh Labour Court No. VII, Sukkur allowing the petition of Wahid Bux, Assistant Station Master Grade‑: working at Railway Station, Kot Samanabad. 2 The only point urged by Mr. Shabbir Ahmed Awan, Advocate for the appellant Railways is that Assistant Station Master is a civil servant under Civil Servants Act unless he can fall under the definition of worker given in the Workmen's Compensation Act or the Factories Act. This point was already raised in a case before the Supreme Court Akber Ali v. Pakistan Railways 1992 SCMR Part 2 page 1341. It was held in that case that an employee of the Railways posted in the Administrative Office of the Railways would not fall in the definition of workman. It was observed by Shafiur Rahman, J. who wrote the judgment as under:‑‑ "The appellants not falling in the category of worker are workmen as defined in the Factories Act or Workmen's Compensation Act would be civil servants and therefore on the strength of the Constitutional provisions. referred to excluded from the jurisdiction of other Courts. Subsection (4) of section 17, Payment of Wages Act makes no difference to the legal position in respect of the appellants. We also approve the restricted meaning given to 'upon any Railway' and that question in any case does not directly arise in view of the legal provisions referred to. "

3. Under Schedule II of section 2(1)(n) of Workmen's Compensation Act section 1(i) 'person employed on a Railway would be a workman'. Under sub‑clause (12) of the Schedule employed upon a Railway means as defined in clause (4) of section 3 and subsection (1) of section 148 of the Railways Act, 1890. The restricted meaning of "employed upon Railway" would therefore be a part of a Railway or portion of Railway under construction. Assistant Station Master who has administrative duties cannot be considered to be a workman working on a Railway or portion of a Railway under construction that would be the restricted meaning as given by the Supreme Court.

4. Mr. Gohar Iqbal for the Assistant Station Master however states that Assistant Station Master can be called to be a manual worker on a Railway but he tries to define the worker under the I.R.O. and the Standing Orders and not under the Workmen's Compensation Act and the Factories Act. The two definitions are different. Mr. Gohar Iqbal must show that A.S.M. falls under definition of worker given in these two enactments. Thus the Labour Court or Labour Appellate Tribunal has no jurisdiction in case of a civil servant as all other Courts are excluded except the Federal Service Tribunal.

5. This appeal is accordingly allowed and the order of the Labour Court being without jurisdiction is set aside. The amount deposited as back benefits may be refunded to the Railways after two months. H.B.T./121/Lb.S Appeal allowed.