1981 PLP 624 (PLC(CS))

‑‑ S, 25‑A.read with Pakistan Railway Police Act (VII of 1977), S. 7‑Employees of Pakistan Railway Police‑Ousted from ambit of Industrial Relations Ordinance, 1969 after promulgation of Pakistan Railway Police Act, 1977‑Otherwise also governed by statutory rules of service, conduct and discipline and Railway Police being run under authority of Federal Government‑Provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 not applicable‑Railway Police Official Not entitled to grievance petition against termination of service . West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1 (4), proviso and S. O. 12 (3). S. P. Lodhi for Appellant. Date of hearing : 5th March, 1981. The appellant, who was a member of the Watch and Ward Staff of the Pakistan Railways, was dismissed from service, vide letter, dated 2nd September, 1979, on the charge of being involved in theft from the Rail way premises. He was also tried by a criminal Court on the charge of theft but was acquitted. The appellant, rafter his acquittal, challenged the orders of termination of his service by way of a grievance petition under section 25‑A, I. R. O. The appellant's grievance petition has been dis missed by the learned Fifth Labour Court by its decision, given on 14th December, 1980. on the grounds, firstly, that being a member of the Rail way Watch & Ward staff under the control of the I.‑G. Police, Railways, provisions of the I. R. O., are inapplicable to him, as provided in sec tion 6 of Act VII of 1977, and secondly, that though the appellant admittedly received the orders of his dismissal on 11th September, 1979. be served the grievance notice on the respondent on 14th April, 1980, is after a lapse of seven months, much beyond the period prescribed under the law for the service of such notice, The appellant has now come up in appeal to this Tribunal.

2. Although, the appellant originally was a member of the Railway Watch & Ward Staff, on the coming into force of the Pakistan Railway Police Act, 1977, with effect from 9th January, 1977, the appellant stood transferred to the Pakistan Railways Police as provided in subsection (1) of section 5 of the said Act. Section 7 of the Act bars the application o 4 the Industrial Relations Ordinance, 1969, to the Railway Police. As such, even if‑prior to the appellant's transfer to the Railway Police under the aforesaid Act, the I. R. O. was applicable to him it ceased to be applicable to him on his transfer to the Railway Police under the said Act. Even otherwise, a person whose services have been terminated does not fall within the definition of "worker" as contained in the

1. R; O., unless the termination of services has given rise to an industrial dispute or is in consequence of such a dispute, which admittedly is not the case at present.

3. The appellant also cannot seek relief under clause (3) of Standing ", Order 12 of any other provision of the Standing Orders, as the Railway Police, in which the appellant was employed, is being run under the authority of the Federal Government, and further it has statutory rules of service, conduct and discipline. As such, the provisions of the Provincial Industrial and Commercial Employment (Standing Orders) Ordinance 1968, will not apply to the members of the Pakistan Railway Police by reason of the provisions of proviso 1 to subsection (4) of section 1 of the said Act.

4. Since neither the I. R. O. nor the Standing Orders are applicable to the appellant, his grievance petition was not maintainable and was, therefore, rightly rejected by the learned Labour Court. I would, accor dingly, dismiss this appeal in limine.