2000 PLP 318 (PLC)
MUHAMMAD AJMAL KHAN, MAIL RUNNER Versus THE DIRECTOR-GENERAL, PAKISTAN POST OFFICES, ISLAMABAD and 4 others
| Citation | 2000 PLP 318 (PLC) |
| Forum / Court | N.W.F.P. Labour Appellate Tribunal |
| Bench Members | Justice Mian Muhammad Ajmal, Chairman |
| Parties | MUHAMMAD AJMAL KHAN, MAIL RUNNER Versus THE DIRECTOR-GENERAL, PAKISTAN POST OFFICES, ISLAMABAD and 4 others |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969) |
Q1: What are the key laws and sections cited in 2000 PLP 318 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP 318 (PLC)?
The case was heard and decided by the N.W.F.P. Labour Appellate Tribunal bench comprising: Justice Mian Muhammad Ajmal, Chairman.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 318 (PLC) (MUHAMMAD AJMAL KHAN, MAIL RUNNER Versus THE DIRECTOR-GENERAL, PAKISTAN POST OFFICES, ISLAMABAD and 4 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Naqibullah Khan Khattak for Appellant.
- Munawar Khan for Respondents.
Headnotes / Summary
Ss. 25-A & 37(3)
Notification No.3(16)/92/PO(Pt), dated 4-7-1996-- Grievance petition
Employee initially was appointed as 'Mail Runner' in Postal Department for a period of sixty days, but his period of service was extended from time to time and he continued to serve for more than two years
Services of employee were terminated on ground that his appointment which was made in contravention of Rules, was irregular-- Grievance petition filed by employee against termination of his services was dismissed by Labour Court holding that same had abated as by virtue of newly added S.2-A in Service Tribunals Act, 1973, employee would be deemed to be a civil servant
Pakistan Postal Service Corporation having been converted into attached Department of Ministry of Communication vide Notification No.3(16)/92/PO (Pt), dated 4-7-1996, said Corporation was not an Authority, Corporation Body or Organization of Federal Government as enumerated in S.2-A, Service Tribunals Act, 1973 and said section would not apply to postal employees after conversion of employer Corporation into an attached Department
Order dismissing grievance petition passed by Labour Court; was set aside, in circumstances.
Judgment & Decree
Federal law or which is owned or in which the Federal Government or in which the Federal Government has a controlling share or interest is hereby declared to be service of Pakistan and every person holding a post under such authority, corporation, body or organization shall be deemed to be a civil servant for the purposes of this Act. Section 2. 'Civil Servant' means a person who is a member of an All Pakistan Service or of a civil service of the Federation, or who holds a Civil Post in connection with the affairs of the Federation, including any such post connected with defence, but does not include:‑‑ (i) (ii). . .... (iii) A person who is a ‑"worker" or "workman" as defined in the Factories Act, 1934 (XXV of 193.4) or the Workman's Compensation Act, 1923 (VIII of 1923).
9. The bare reading of the above‑quoted provisions of law would manifest that service under any authority, corporation, body or organization established or controlled by a Federal Government or in which Federal Government has a controlling share would be a service of Pakistan and every person holding a post under said authority, corporation, body or organization would be deemed to be civil servant for the purpose of Service Tribunal Act, 1973, and the persons who are workmen within the meaning as given in the Factories Act/Workmen's Compensation Act, who have been excluded from the application of civil servant Act would not be effected by the newly added amendment and they would remain as workman. Pakistan Postal Service Corporation was converted into attached department of Ministry of Communications vide Notification No.3(16)/92/PO dated 4‑7‑1996, and thus, is not an Authority, Corporation, body or organization of the Federal Government but is an attached Department of the Ministry of Communications which is exclusively controlled and turn by the Federal Government, therefore, section 2‑A, of the Service Tribunal Act, ' 1973 would not apply to the Postal employees after conversion of corporation into an attached department. The question whether the appellant is a workman or not under the labour law still require determination by the Labour Court, who after recording of the evidence of the parties should determine the status of the appellant.
10. The nutshell of the above discussion is that the instant appeal is accepted and the impugned order of the learned Labour Court, dated 29‑1‑1999 is set aside and the case is remanded to him for decision on merits in accordance with law. No order as to costs. H.B.T./229/Lab (N.‑W.F.P.) Appeal accepted