2000 PLP 423 (PLC)

S. 25-A

Service Tribunals Act (LXX of 1973), S.2-A

Grievance petition--Maintainability

Petitioners who were "guards" in Pakistan Railways had filed grievance petition in which they had raised dispute relating to their seniority

Petitioners being employees of Railways, having been treated in Service of Pakistan under S.2-A of Service Tribunals Act, 1973, remedy for their grievance lay before Service Tribunal and not before Labour Court

Grievance petition filed by petitioner was not maintainable. 1999 SCMR 197 ref.. S.A. RABBANI, J.

Petitioners are Guards in Pakistan Railways promoted to the post from lower ranks. They have a dispute relating to their seniority vis-a-vis the direct recruits in the cadre. They claimed that by virtue of nature of their duties they are workmen as defined in Standing Orders Ordinance, 1968 and Industrial Relations Ordinance, 1969, and they filed Grievance Application No.5 of 1989 before Sindh Labour Court at Sukkur. The application was decided in their favour but on appeals by the respondents, the case was remanded to the Sindh Labour Court Sukkur by the Sindh Labour Appellate Tribunal. In the second round, both the application, as well as appeal, were dismissed by the Labour Court and the Tribunal. Petitioners, therefore, filed this petition for relief under Article 199 of the Constitution of Islamic Republic of Pakistan. We have heard learned counsel appearing for the petitioners and respondents Nos.6, 8 to

10. The learned counsel for the petitioners tried to point out weaknesses and flaws in the impugned order of Sindh Labour Appellate Tribunal and contended that the Tribunal failed to appreciate the decisions of the Supreme Court. Learned counsel for the respondents contended that it is a service matter and after the amendment, inserting section 2-A in Service Tribunal Act, 1973, made on 10-6-1996, the Service Tribunal has exclusive jurisdiction to adjudicate upon it. In support of his contention, he relied upon 1999 S C M R

197. The following observation of the Supreme Court would be relevant and applicable in the case of present petitioners: "A perusal of newly enacted section 2-A indicates that the service under any Authority, Corporation, Body or Organization established by or under a Federal law or which is owned or controlled by the -Federal Government or in which the Federal Government has a controlling share or interest has been declared to be in service of Pakistan. It has also been provided that every person holding a post under any such Authority, Corporation, Body or Organization shall be deemed to be in civil service for the purposes of this Act i.e. the Service Tribunal Act, 1973. In our view, it is not necessary for an employee working in any of the organizations covered by section 2-A that he should also come within the ambit of definition of ' civil servant' given in section 2(b) of the Act of 1973. The , employees of the various Authorities, Corporations etc. mentioned in section 2-A have been treated in the service of Pakistan for limited purpose for providing remedy by way of appeal to them against an order of which they may feel aggrieved." In the same decision it has also been held that right of appeal being a procedural matter and section 2-A of the Service Tribunal Act, 1973 is applicable retrospectively. After these findings of the Supreme Court there remains no doubt about the fact that the remedy for the petitioners in this case lies before the Service Tribunal. Petition is, therefore, not maintainable ant is dismissed accordingly. H.B.T./K-10/k Petition dismissed.