1973 PLP 26 (PLC)
MUHAMMAD ASLAM AND ANOTHER Versus CHAIRMAN, PAKISTAN RAILWAY BOARD, LAHORE AND 2 OTHERS
| Citation | 1973 PLP 26 (PLC) |
| Forum / Court | Baluchistan Labour Court |
| Bench Members | Abdul Qadeer, Chairman, Bilgrami and Irshad Rana, |
| Parties | MUHAMMAD ASLAM AND ANOTHER Versus CHAIRMAN, PAKISTAN RAILWAY BOARD, LAHORE AND 2 OTHERS |
Q1: What are the key laws and sections cited in 1973 PLP 26 (PLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1973 PLP 26 (PLC)?
The case was heard and decided by the Baluchistan Labour Court bench comprising: Abdul Qadeer, Chairman, Bilgrami and Irshad Rana,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1973 PLP 26 (PLC) (MUHAMMAD ASLAM AND ANOTHER Versus CHAIRMAN, PAKISTAN RAILWAY BOARD, LAHORE AND 2 OTHERS). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Industrial dispute-Persons governed by Civil Ruler and Regu lations of Central Government-Not within jurisdiction of Labour Court-Railway Accounts Academy, Quetta, functioning as an office of Pakistan Audit Department under Central Government - Not `' within jurisdiction of Labour Court.
Judgment & Decree
Versus CHAIRMAN, PAKISTAN RAILWAY BOARD, LAHORE AND 2 OTHERS Application No. 127 of 1972, decided on 8th September' 1972. Industrial dispute-Persons governed by Civil Ruler and Regu lations of Central Government-Not within jurisdiction of Labour Court-Railway Accounts Academy, Quetta, functioning as an office of Pakistan Audit Department under Central Government - Not `' within jurisdiction of Labour Court. ABDUL QADEER (CHAIRMAN).-The applicants have submitted that they were appointed in the Railway Accounts Academy, Quetta, but the respondents have not paid the Hill Allowance admissible under the law to the applicants from November 1970. The second prayer is that the amount of ad hoc relief sanctioned by the Government of Pakistan was also not paid to the applicants. The respondent No. 3 has appeared on behalf of the respondents and he has contested the application. He has submitted that ad hoc relief is being paid to the applicants and this fact has not been disputed by the applicants today. A preliminary objection was taken that under Government of Pakistan's Notification No. Conf/62/19/3 (1) dated 20-6-62 published in Part I of the Gazette of Pakistan, the Railway Accounts Academy, Quetta had always functioned as an office of the Pakistan Audit Department under the Central Government and not as an organ of the Railways and ever since then-had been under the administrative control of the Auditor-General of Pakistan. The employees of the Academy are paid from the budget of the Central Government and not from the revenues of the Railway. They are governed by the Civil Rules and Regula tions of the Central Government only. In view of this statement of fact the present application is not maintainable as it does not come within the mischief of Industrial Disputes, and therefore the jurisdiction of this Court is ousted. The representative of the applicants Mr. Hayat Pasha has stated that the pass facilities by the Railway are provided to the applicants. To this the Director, Railway Accounts Academy Quetta has stated that in turn of these facilities the officers of the Railway Administration are trained at the expenses of the Academy without charging any fee. The Director has further stated that the Academy pays the rent of the Academy Building to the Railway. As the Academy is Central Government concern therefore the present application is not maintainable. Conse quently the same stands dismissed.