1995 PLP 461 (PLC)
ADMINISTRATOR AUQAF, HYDERABAD Versus ALLAN FAKIR
| Citation | 1995 PLP 461 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Mushtak Ali Kazi, Appellate Tribunal |
| Parties | ADMINISTRATOR AUQAF, HYDERABAD Versus ALLAN FAKIR |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969)‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP 461 (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 1995 PLP 461 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Mushtak Ali Kazi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 461 (PLC) (ADMINISTRATOR AUQAF, HYDERABAD Versus ALLAN FAKIR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Saeeduddin Siddiqui for Appellant.
- Date of hearing: 14th March, 1995.
Headnotes / Summary
‑‑‑‑Ss. 2(xxviii) & 25‑A‑‑‑Civil Servants Act (LXXI of 1973), S. 2(b)‑‑ Grievance petition‑‑‑Maintainability‑‑‑Employee working in Auqaf Department had challenged termination of his service as a measure of retrenchment by Government ‑‑‑Auqaf Department wherein employee was appointed as "Khadim" (Care‑taker), neither was industrial not commercial establishment employing more than 20 persons, but was a Government Department and employee was a civil servant and not a worker within meaning of S. 2(xxviii) of Industrial Relations Ordinance, 1969 or West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)‑‑‑Labour Court, in circumstances, had no jurisdiction to entertain grievance petition filed by Government servant who was a civil servant within meaning of Civil Servants Act, 1973. Respondent in person.
Judgment & Decree
Saeeduddin Siddiqui for Appellant. Respondent in person. Date of hearing: 14th March, 1995. This appeal by Administrator Auqaf, Hyderabad arises from order o1 Labour Court No. VI, Hyderabad whereby the grievance petition filed by Allan Fakir respondent against termination of his service was allowed and the respondent was reinstated with full back benefits.
2. Forefathers of Allan Fakir were acting as Khadims (care‑taker) of Dargah Juman Shah, situated at Laghari Graveyard, Taluka Tando Muhammad Khan. On the death of the father of respondent Allan Fakir he was appointed as care‑taker in the year 1969 on a salary of Rs.50 per month. The services of the respondent were terminated on 12‑8‑1991 as a measure of retrenchment by the Government. The Auqaf Department is neither Industrial nor Commercial Establishment employing more than 20 persons. It is a department of Government of Sindh and the respondent was a civil servant. He was not therefore a worker within the meaning of the I.R.O. or the Standing Orders.
3. Under the circumstances the Labour Court had no jurisdiction to entertain the petition of a Government servant who was a civil servant within the meaning of Civil Servants Act. The order of the Labour Court reinstating the respondent is accordingly set aside and the appeal is allowed. H.B.T./2441/L Appeal allowed.