2000 PLP (C (PLC(CS))

(iii) a person who is a 'worker' or 'workman' as defined in the Factories Act, 1934 (XXV of 1934), or the Workman's Compensation Act, 1923 (VIII of 1923)." The Service of Pakistan has been defined under Article 260 of the Constitution which is as under:‑‑ . "Article 260. 'Service of Pakistan' means any service, post or office in connection with the affairs of the Federation or of a Province, and includes an All Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of Parliament or of a Provincial Assembly, but does not include service as Speaker, Deputy Speaker, Chairman Deputy Chairman, Prime Minister, Federal Minister, Minister of State, Chief ' Minister, Provincial Minister, Attorney‑General, Parliamentary Secretary or Member of a House or a Provincial Assembly." The learned counsel referred to Article 212 of the Constitution which is as under:‑‑ "Article

212. Administrative Courts and Tribunals.‑‑(1) Notwithstanding anything hereinbefore contained, the appropriate Legislature may by Act provides for the establishment of one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of ‑ (a) matters relating to the terms and conditions of persons who are or have been in the service of Pakistan; including disciplinary matters; (b) matters relating to claims arising from tortuous acts of Government, or any person in the service of Pakistan, or of any local or other authority empowered by law to levy any tax or cess and any servant of, such authority acting in the discharge of his duties as such servant; or (c) matters relating to the acquisition,, administration and disposal of any property which is deemed to be a property under any law. (2) Notwithstanding anything hereinbefore contained, where any Administrative Court or Tribunal is established under clause (1), no other. Court shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends (and all proceedings in respect of any such matter which may be pending before such other Court immediately before the establishment of the Administrative Court or Tribunal shall abate on such establishment:‑‑ Provided that the provisions of this clause shall not apply to an Administrative‑ Court or Tribunal established under an Act of a Provincial Assembly unless, at the request of that Assembly made in the form of a resolution, Parliament by law extends the provisions to such a Court or Tribunal. 3. xxx xxx xxxx and pointed out that matter relating to the terms and conditions of persons who are or have been in the Service of Pakistan are taken into consideration for the definition of workman in conjunction with the definition of Service of Pakistan given under Article 260 of the Constitution and the definition of civil servant as given in the Civil Servants Act, 1973, He also referred to the definition of civil servant as given in clause (a) of section 2 of the Service Tribunal Act, 1973, as under:‑‑ "Section 2 (a). 'civil servant' means a person who is, or has been a civil servant within the meaning of the Civil Servants Act, 197 (LXXI of 1973)." At this stage, the learned counsel referred to section 2(a) and pointed out that words 'deemed to be a civil servant' is to be read alongwith the aforementioned Labour Laws, Articles 212 and 260 of the Constitution and it cannot be read in isolation.. Learned counsel pointed out that word 'deemed' is to be read in the context or in reference to industrial or commercial establishments owned and controlled by the Federal Government to three categories of persons who are employed in the such like corporations, who do not fall within the definition of a workman. Learned counsel contended that all the person employed in Government Corporation cannot be civil servants by the words 'deemed to be civil servant' and thus, making the whole Labour Laws./Code redundant and the Labour Courts, the N.I.R.C., the Commissioner under Workmen's Compensation Act, the Authority under the payment of Wages Act, Social Security Courts cannot be made redundant and without any function by simple interpretation of words 'deemed to be civil servant'. The object of law is riot to make redundancy but to further strengthen provisions of law for grant of relief to the persons in various Courts established by the State for the administration of justice. The learned counsel very frankly stated that the litigant public should not be made to run from pillar to post in redressal of their grievances through Courts and interpretation should be made upon the Statute objectively so that every person should know that he can assert his rights in redressal of this grievance in the Courts which are commonly known to the general public and their procedure is transparent beyond the lofty legal maxim and arguments in a case. The learned counsel referred to an example that if a workman as defined in the Labour Laws prefers a petition under section 25‑A before the Labour Court and the employer in reply states that he is trot a workman employed by him then it becomes a question of fact and evidence is recorded in the matter for determining the status of employment in the industrial or commercial establishment (autonomous bodies corporate or otherwise). In an appeal in this Tribunal evidence is not recorded except for exceptional reasons deemed fit by the Tribunal and it is also limited to production and inspection of documents only. The learned counsel stated that the terms and conditions of workman are guaranteed and secured by Labour Laws and which can he enforced through the Labour Courts and other Courts under the Labour Laws and if, for example, a workman has filed an appeal deeming himself to be a workman, then this Tribunal will be lacking jurisdiction in enforcing the applicability of Labour Laws to the workman and in case of refusal by the respondent (employer) contending that he is not a workman then all the rights secured to workman under the Labour Laws cannot be washed away by simply relying upon the words 'deemed to be a civil servant'. In support of his submissions, the learned counsel referred to other aspect of the case that is the distinction between a civil servant and a workman. He submitted that the workman has constitutional guarantees to form trade union for the commercial and industrial establishments and also trade unions on national level under the Industrial Relations Ordinance, 1969. The learned counsel pointed out that under the law, i.e. Industrial Relations Ordinance and under Article 17 of the Constitution, a workman has legal right to form trade unions for the commercial and industrial establishments and also national trade unions registered by the Registrar of the Provinces and the National Industrial Relations Commission, as the case may be. Learned counsel vehemently urged that a workman deemed to be civil servant will not be deprived of fundamental rights of Association as workman under Article 17 of the Constitution. Learned counsel referred to various trade unions under industrial and commercial establishments and also referred to the Government controlled and supervised trade unions in the Railways, WAPDA, Post and Telegraphs, P.T.V., P.T.C.L., P.I.A. and other financial commercial institutions. Lastly, the learned counsel referred to aims and objects of the Service Tribunals Act, 1973, which are reproduced hereunder:‑‑ "An Act to provide for the establishment of Service Tribunals to exercise jurisdiction in respect of matters relating to the terms and conditions of service of civil servants. Whereas it is expedient to provide for the establishment of Administrative Tribunals, to be called Service Tribunals, to exercise exclusive jurisdiction in respect of matter relating to the terms and conditions of service of civil servants, and for matters connected therewith or ancillary thereto." (B) Mr. Farooq Zaman Qureshi Advocate:‑‑ Learned counsel referred to the definition of 'Service of Pakistan' as given in Article 260 of the Constitution and the definition of 'Civil Servant' contained in section 2 (b) of the Civil Servants Act, 1973, and stated that no other words can be imported in the definition of civil servant other than the words provided in the Article 260, and also referred to Article 212, wherein the word 'service of Pakistan' has been used but the word 'civil servant has not been used. (C) Mian Mahmood Hussain, Advocate:‑‑ Learned counsel submitted that word 'deemed to be civil servant' will include all persons employed in the Corporation as civil servant and this Tribunal is to hear appeals under the Service Tribunals Act, 1973, read with Article 212 of the Constitution. Learned counsel further submitted that he will not say that the Labour Laws have been repealed or made redundant but will be inoperative as far as the appeals in this Tribunal is concerned. (D) Mr. Aurangzeb Mirza, Advocate:‑‑ The learned counsel submitted that there are multiplicity of forums for dealing with‑ service appeals of the officers and employees of the statutory bodies and employees of authorities, corporations, bodies and organizations set up or controlled by the Federal Government. It is appropriate that the employees of such bodies and authorities are provided right of appeal before the Service Tribunal established under the Service Tribunals Act, 1973. Under the existing provisions of the Service Tribunals Act, 1973, the Tribunal cannot hear appeal against interim‑orders made by departmental authorities. Lack of jurisdiction in this regard some‑times leave the employees without remedy. It is appropriate that the Tribunal should have jurisdiction to hear appeals even against interim order.

1. We have given consideration to the submissions made and assistance rendered by the learned counsel irrespective of the merits and de merits of the appeal of Nosherwan Khan, appellant herein, and we express our gratitude to the same, especially the able and candid submissions made by Mr. Asmat Kamal Khan, Advocate.

2. In view of the submissions made by the learned counsel, the matter becomes clear and without any ambiguity in respect of workman employed in the industrial, commercial or financial institutions, banking and other such like corporations which are owned, supervised and controlled by the Government of Pakistan and the objective of the corporations has to undertake business, commercial transaction with the objectivity of profit making to the extent of self‑generating finances for its functions and expenses. Such‑like body corporate are at par with the private sector body corporate under the Companies Ordinance or other laws which have the same functions. The business and working of Government corporations as such and the employment of persons for such‑like corporations will not be termed as "service of Pakistan" as mentioned in Article 260 read with Article 212 of the Constitution. The word "civil servant" is no where mentioned in the Constitution and it has been mentioned in the Civil Servants Act, 1973, which necessarily comes under the words "service of Pakistan" as a "civil servant" must hold a post in connection with the affairs of the Federation or of the Provinces. The Legislature was conscious of the words "service of Pakistan" when this word "service of Pakistan" was substituted for the word "civil servant" in the Civil Servants Act, 1973, which means that a person should be a member of all Pakistan service or civil service of the Federation or who holds a civil post in connection with the affairs of the Federation, but excludes a person who is a "worker" or "workman" as defined in the Factories Act' 1934 (XXV of 1934), or the Workman's Compensation Act, 1923 (VIII of 1923). The Service Tribunals Act, 1973 (LXX of 1973) adopted the meaning of civil servant as given in the Civil Servants Act, 1973 (LXXI of 1973). The Legislature made addition in section 2 of the Service Tribunals Act, 1973 without amendment in section 2(b) of the Civil Servants Act, 1973 and declared a person to be a civil servant under section 2‑A, of the Service Tribunals Act, 1973. The provisions of section 2‑A, in substance, mentions that every person holding a post under such authority, corporation, body or organisation shall be deemed to be a civil servant for the purposes of the Act. On the plain reading of the provisions of "service of Pakistan" or "civil servant" will point out that employment in the State of Pakistan shall be the person who must hold a post in connection with the affairs of the Federation and a Province run by its divisions and departments respectively which declare posts in the divisions or the departments, as the case may be. Pay and allowance, promotion, pension etc. are determined and financed against the created post to which a person is appointed to, and the posts as such are brought under the administrative expenses of the State under the budgetary provisions of the Constitution. The persons who are employed by the Federation or a Province not against a post, but on contract or on work‑charge basis or contingency basis, do not hold a post as mentioned in Article 260 of the Constitution or section 2(b) of the Civil Servants Act, 1973, and for that matter under section 2(a) and section 2‑A of the Service Tribunals Act, 1973. "Service of Pakistan" is service of the State and is managed by Government in power which manages, controls and carries out discipline and efficiency in service; manages salaries, ^ benefits, perks, pensions etc. and regulate employment under Articles 240, 241 and 242 of the Constitution of Islamic Republic of Pakistan. The will of the people of Pakistan is expressed in its 'Constitution with declaration that Pakistan is independent sovereign State amongst the Comity of Nations and as such is Member of the United Nations. The State ruled by an alien power needs the services of the people of State and made payment for the same and call it bounty of State. The dominant elements in such services were the concept of Master and Servant. On attaining independence and sovereignty of the State of Pakistan, the superior Courts held that payment for services rendered to Pakistan is not bounty of the State but payment made for serving Pakistan and, therefore, the Constitution used the terminology of 'service of Pakistan'. A fortiori the dominant element of Master and Servant faded away. There is no concept of Ruler and Subjects in this Islamic Republic of Pakistan. All are equal citizens of Pakistan and they have decided to govern themselves by the Constitution of Islamic Republic of Pakistan.

3. Besides the 'service of Pakistan', a large number of citizens of Pakistan are employed by the commercial, industrial, financial corporate bodies and such‑like institutions. The concept of Master and Servant was eliminated by the simple word of contractual service, oral or in writing, and industrial and commercial establishments or for that matter establishments as Laws were regulated from time to time by promulgation, enactments and laws made by 'the Parliament and any contract of service is governed by the terms and conditions of the contract with the overriding provisions of the laws. The servant of master was declared to be 'worker' or 'workman' and the person real or corporate was called employer, As service of Pakistan is regulated by laws, rules, regulations, similarly service in body corporate, industrial commercial or financial institutions etc. are also governed by laws, rules and regulations which is commonly known Labour Code. T?" a Labour Laws have been made in conformity with the declarations of International Labour Organisation under the United Nations and rights of the workers in all matters including terms and conditions of service are secured and guaranteed by Law. The Law as such also provides redressal of grievances of workman through Courts, settlements and negotiations. There is no need of repetition of whatever is stated in this Judgment, but suffice to say that person rendering services in body corporate wound by the Government or_ by private sector and if their rights are secured and guaranteed under the law, then they cannot be inter‑changed for the word 'civil servant', or for that matter 'deemed to be civil servant'. The secured and guaranteed rights of the workman in a corporation cannot be made redundant or without any legal effect by deeming them to be a civil servant. The definition of civil servant given in section 2(b) of the Civil p Servants Act, 1973 is to be read in respect of the employees of body corporate owned by the Federal Government who are not workmen employed in the body corporate owned by the Government and there are Large number of such employees not only in the Government owned body corporate institutions but also in the private sector. It is the established rule of interpretation of Statute that the interpretation should be objective, meaningful and further the purpose and objectives of the law without making any redundancy or void in any other law or in its own application.

4. The jurisdiction of this Tribunal is exclusive, but limited to the matters relating to the terms and conditions of persons who are or have been in the 'service of Pakistan', including disciplinary mattes. A workman employed in an industrial or commercial establishment owned by the Government or private body corporate or institution is not service of Pakistan and, therefore, they cannot be deemed to be civil servant. A person will be deemed to be civil servant who is defined as 'civil servant' under section 2(b) of the Civil Servants Act, 1973. .

5. The end result of this discussion will be that an employee in any authority, corporation, body or organisation established by or under a Federal Law, or which is owned or controlled by the Federal Government or in which the Federal Government has controlling share or interest will be in the 'service of Pakistan' and holding a post under the authority, corporation, body or organisation and shall be deemed to be a civil servant for the purposes of Service Tribunals Act, 1973, and can file appeal in this Tribunal in respect of his terms and conditions of service including disciplinary matters. (The underlining is ours).

6. The aforementioned workman, as discussed in this judgment, employed under any authority, corporation, body or organisation established by or under a Federal Law or which is owned or controlled by the Federal Government in which the Federal Government has controlling share or interest shall have recourse to the laws as applicable to him for redressel of his grievances and shall not been deemed to be a civil servant for the purposes of the Service Tribunals Act, 1973 and also in the 'service of Pakistan' within the meaning of Article 212 of the Constitution of Islamic Republic of Pakistan, unless by law or enactment of the body corporate, the provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (W.P. Ordinance VI of 1968) or the Industrial Relations Ordinance, 1969 (XXIII of 1969) do not apply to any of the employees of such‑like organizations or body corporate by or under law.

7. Nosherwar Khan was Cashier in the Jhelum Branch of the United Bank Limited and was falling within the definition of workman and the terms and conditions of his service being governed by the Wage Commission Award and other laws, therefore, he cannot be deemed to be a civil servant. The appeal in this Tribunal is misconceived and is dismissed in the above terms. Parties to bear their own costs. H.B.T/7/FST??????????????????????????????????????????????????????????????????????????? ??????????? Appeal dismissed.