1995 PLP 230 (PLC)

Gulzar Ahmad Qureshi, Advocate Supreme Court and Rao M. Yousaf Khan, Advocate‑on‑Record (absent) for Petitioners. S. Abul Asim Jafari, Advocate‑on‑Record for Respondents. Date of hearing: 6th December, 1994. FAZAL ILAHI KHAN, J.‑‑‑Leave to appeal is prayed for against the judgment of Lahore High Court, Lahore, dated 20th October, 1993 in Writ Petition No.253 of 1983. According to the learned counsel for the petitioners the respondent Union Members were employed as Tube well Operators by the WAPDA on work charge basis in National Pay Scale No.4. They were working as such and in the year 1978 when the project in question was handed over to the‑Irrigation Department alongwith the staff employed therein. However, at the time of such transfer the question of fixation of their pay as tube well operators arose as WAPDA had recruited tube well operators in National Pay Scale No.4 while on the other hand the Irrigation Department had employed their Operators in Pay Scale No.2. Such being the case in order to void their termination from service on such transfer, they opted for acceptance of their pay in National Pay Scale No.2. Accordingly, they were allowed Scale No.2 and were paid according to tube well operators scales of the Irrigation Department. The petitioners, however, after considerable delay filed petition under section 25‑A(1) of the I.R.O, 1969 which was accepted on r6‑11‑1980. it was held that petitioners were entitled to National Pay Scale No.4. An appeal against this judgment was made before the Punjab Labour Appellate Tribunal. The appeal was accepted mainly for the reason that the transfer having taken place in the year 1978 and respondents/petitioner having given undertaking to draw the same pay as was payable to the employees in the same cadre in the Irrigation. Department, the grievance petition filed beyond the period after fixation of their pay in the Irrigation Department, set aside the order of the Labour Court and dismissed the petition. The aforementioned order of Punjab Labour Appellate Tribunal was challenged in Constitution Petition No.253 of 1983 which was allowed by the learned High Court by judgment dated 20‑10‑1993 and petitioners were directed that respondents be paid their pay from the date of their absorption from the Irrigation Department in the Punjab Government which they were drawing in WAPDA prior to their absorption in accordance with the decision taken on 28‑4‑1982. Leave is granted to consider; whether, the work charge employees could be held entitled to the same pay on their transfer and absorption in the same cadre of the Irrigation Department in NPS‑2 after they had opted for it and acquiescence for years and as to whether the High Court could exercise jurisdiction in the manner irrespective of the bar of Article 212(2) of the Constitution. A.A./S‑919/S ????????????????????????????????????????????????????????????????????????? ??????????????????????? Leave granted.