1999 PLP 404 (PLC)

"From the above, it is clear that the present application is barred by jurisdiction and the same can only be heard by the Service Tribunal. All other arguments, against this established view, are untenable and accordingly required to be ignored. The application, therefore, stands disposed of as not maintainable before this Court. "

2. It is pertinent to note that former Chairman of this Tribunal Mr. Justice (Rtd.) Mushtak Ali Kazi, while deciding tht3 Revision Application No.KAR‑99 (M/s. Karachi Water and Sewerage Board v. Ch. Hidayatullah son of Ch. Ahmed Khan) after hearing the arguments of Mr. Sher Afghan, Advocate for the applicant, dismissed the above revision application by his decision, dated 7th August, 1997, wherein it was observed that: "The Labour Court and this Tribunal have no jurisdiction to decide such matters pertaining to exclusive jurisdiction of Service Tribunal. The revision application is disposed of accordingly." It was held that; "Karachi Water and Sewerage Board was created and controlled under an Ordinance by the Government. Right of promotion cannot be claimed even by a worker under I.R.O. unless there is specific agreement or law supporting him. Assistant Executive Engineer of Water and Sewerage Board Government of Sindh cannot be considered to be a worker being a civil servant under Government of Sindh. In any case an employee of the Karachi Water and Sewerage Board of the status of Engineer is an employee of Statutory Corporation of Government of Sindh and under Sindh Services Tribunals Amendment Act, 1995 he cannot seek redress under LR.O. and he is deemed to be in the service of the Province and had to approach the Sindh Service Tribunal after passing of the Amendment Act, dated 16th January, 1995. All the proceedings pending in the Labour Court before 16th January 1995, therefore, abate after passing of this amendment. " In another Revision Application No.KAR‑94 of 1998 (M/s. Karachi Water & Sewerage Board v. Peoples Labour Union, my learned predecessor Mr. Justice (Ex) Ahmed Yar Khan, by his order, dated 26th August, 1998 held that the petition. under section 34 of the I.R.O. pending in the learned Labour Court stands abated for want of jurisdiction.

3. It may further be observed that in the case of M/s. Karachi Water and Sewerage Board v. Atif Shuja (Appeal No.KAR‑132 of 1997), this Tribunal reached the conclusion that the amendment has taken away its powers and the appeal could not be heard. In another case of Rahat Hussain Siddiqui v. Board of Secondary Education, reported in 1997 PLC (C.S.) 1158, the Hon'ble High Court of Sindh also held that even the Constitutional petition pertaining to employees of statutory bodies would abate on promulgation of Sindh Service Tribunals Act of 1973, as amended by the Act of 1994.

4. Since all these seven appeals have been filed after the promulgation of Sindh Service Tribunals (Amendment) Act, 1995, they stand dismissed for want of jurisdiction. Announced in open Court, this the 10th day of March, 1999. H.B.T./272/K/Lab. (Trib.) Appeals dismissed.