1978 PLP 257 (PLC)

West Pakistan Essential Services (Maintenance) Act (XXXIV of 1958) ‑‑‑‑ S. 4‑Act applicable to Road Transport employment‑‑Employees entitled to free travel peas‑Travel pass refused to petitioner on ground of absence of permission to leave station‑Instruction relied upon issued by Secretary. Road Transport Board and District Manager

Such Officers not authorised by Government to issue these instruc tions‑Instructions. in circumstances, held, without lawful authority hence privilege pass could not be withhold ‑Petition for refund of journey fare accepted‑Industrial Relations Ordinance (XXIII of 19691, S. 25‑A. JUGDMENT This is an appeal against the decision dated, 11‑3‑77 of Punjab Labour Court No. 3 (Now No. 4), Faisalabad.

2. Syed Ashiq Hussain appellant is employed u a booting clock in G. T. S., Lyallpur, now called Faisalabad.

3. He is entitled to travel free up to 2000 miles in a year. On 6‑3‑1976 he had intended to come to Lahore. He applied for privilege pan on a printed application. Mansoor Ahmed, Senior Clerk, returned the application with the following note: "Pan can be issued as and when he got proper permission (OF leaving the station from competent authority." This was done in view of the letter Exh. D‑2 dated 28th March 1967, issued by the Secretary for Chairman. Road Transport Corporation. Lahore to all Regional/District Managers, R. T. Cs services in West Pakistan. 11 reds as under: "It has been decided that no Road Transport Corporation's employee should leave the station of his posting during holidays, except with the proper permission of his immediate Departmental superior, who must undertake the responsibility of granting such permission." The District Manager Government Transport Service, Lyallpur had also issued a letter Exh. D.1 dated 31‑1‑1969 to the effect that no application for the issuance of privilege pass would invariably be entertained unless and until the leave applied for is sanctioned or permission to leave the station was obtained in the first instance.

4. When the privilege pass was refused the appellant performed the journey by purchasing tickets, for which he has to pay Rs. 11.35 out of his own pocket. He. There upon, filed a petition under section 25‑A of Industrial Relations Ordinance, 1969, before the Labour Court, which dismissed the same rids decision under appeal.

5. Aggrieved by the above decision, Syed Ashiq Hussain Shah appellant has preferred this appeal.

6. The learned Representative of the appellant contended that fetters Exh. D‑2 and Exh. D‑1 were issued without lawful authority because the Pro vincial Government had neither authorised the Secretary. Road Transport Corporation. Lahore nor the District Manager, G. T. S., Lyallpur to issue such an order. Therefore, the appellant was entitled to receive the amount claimed.

7. In support of his contention, he relied on sections 3 and 4 of the West Pakistan Essential Services (Maintenance) Act No. XXXIV of 1958. By virtue of section 3 of the said Act, the employment in G. T. S. has become an Essential Service. Section 4 of the said act reads as under: "Power to other persons engaged in certain employment to remain in specified areas.‑(1) The Government or an Officer, authorised In this behalf by the Government may, by general or special order, direct that any person or persons in any employment or class of employment to which this Act applies shall not depart out of such area or areas and for such period not exceeding three months as may be specified in such order. (2) An order made under subsection (1) shall be published in such manner as the Government, or the Officer making the order, considers best calculated to bring it to the notice of the persons affected by the order."

8. Prom the perusal of the record I Gad that there is no notification issued by the Government authorising the Secretary or District Manager to issue letters Exh. D‑2 and Exh. D‑

1. Therefore those letters were issued without lawful authority. In these circumstances the privilege pass could not be withheld.

9. I accordingly, accept the appeal, set aside the decision of the Labour Court and direct the respondent to pay to the appellant the sum of Rs. 11.35 which he had paid out of his own pocket for purchasing the tickets.