PLC(CS) 1996

1996 PLP 306 (PLC(CS))

AKHTAR MUNIR and 4 others Versus DISTRICT MANAGER, SINDH ROAD TRANSPORT CORPORATION AT SANGHAR and others

Jurisdiction / Court
Labour Appellate Tribunal Sindh
Decided Date
----Ss. 25-A & 38(3-a)---Workmen's Compensation Act (VIII of 1923), S.2(1)(n) & Sched. II---Grievance petition---Abatement of---Labour Court declared grievance petitions by employees to have abated holding that employees having become servants of Statutory Corporation, had fallen within the definition of civil servants under Civil Servants Act, 1973---Conductors, drivers and cleaners come within definition of 'workers' as defined in S. 2(1)(n) & Sched. II of Workmen's Compensation Act, 1923---Employees being conductors and cleaner, were workmen and not 'civil servants' and their grievance petitions could not be governed by Civil Servants Act, 1973--Grievance petitions of employees, thus, did not abate but should have been decided on merits by Labour Court.
Honorable Judges
Mushtak Ali Kazi, Appellate Tribunal
Case Reference Summary (AEO Optimized)
Citation 1996 PLP 306 (PLC(CS))
Forum / Court Labour Appellate Tribunal Sindh
Bench Members Mushtak Ali Kazi, Appellate Tribunal
Parties AKHTAR MUNIR and 4 others Versus DISTRICT MANAGER, SINDH ROAD TRANSPORT CORPORATION AT SANGHAR and others
Primary Law Industrial Relations Ordinance (XXIII of 1969)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1996 PLP 306 (PLC(CS))?

This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1996 PLP 306 (PLC(CS))?

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: 1996 PLP 306 (PLC(CS)) (AKHTAR MUNIR and 4 others Versus DISTRICT MANAGER, SINDH ROAD TRANSPORT CORPORATION AT SANGHAR and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Industrial Relations Ordinance (XXIII of 1969)

Representation

  • Date of hearing: 1lth January, 1996.

Headnotes / Summary

Wahid Bux, Representative for the Workers. Dilawar Hussain for the S.R.T.C.

Judgment & Decree

Wahid Bux, Representative for the Workers. Dilawar Hussain for the S.R.T.C. Date of hearing: 1lth January, 1996. These Revision Applications under section 38(3‑a) of I.R.O., 1969 calls in question the order of the Labour Court No. VI, Hyderabad declaring the grievance petitions of the applicants to have abated because they became servants of the Corporation and as such they fell within the definition of civil servants under the Civil Servants Act. '

2. Mr. Wahid Bux Shaikh for the workers has admitted that the conductors, drivers, cleaners come within the definition of workers as defined in Schedule 11(1)(n) which are exceptions and are to be regarded as workers and not civil servants within the meaning of Civil Servants Act. Section 2(1)(n) of the Schedule II, Workmen's Compensation Act.

3. Thus with the exception of Akhtar Munir, Junior Clerk all other applicants are not governed by the Civil Servants Act and they fall within the definition of workers under the Workmen's Compensation Act. Their grievance petitions do not abate and the petitions should be heard on merits since they are not affected by the amendment to the Service Tribunals Act. Therefore the cases of applicants 2 to 5 in Revision Petition No. HYD‑197 of 1995 and Muhammad Bux in Revision Petition No. HYD‑234 of 1995 can be heard by the Labour Court as such they are remanded for being decided on merits. H.B.T./32/Lb.S Order accordingly.