1999 PLP 52 (PLC)

Date of hearing: 25th September, 1998. This petition under Article 19P of the Constitution of Islamic Republic of Pakistan, 1973 calls in question the order of the Punjab Labour Appellate Tribunal dated 1‑12‑1996 whereby the order of Labour Court No. l dated 8‑2‑1996 dismissing respondent No. 1's application under section 25‑A of the Industrial Relations Ordinance on the ground that the provisions of Industrial Relations Ordinance, 1969 were not applicable to the servants under National Highway Authority, was set aside. Punjab Labour Appellate Tribunal has, however, taken a view that since the respondent No. 1 was a work‑charge employee he was not a civil servant and was governed by Industrial Relations Ordinance, 1969.

2. Learned counsel for the petitioner has contended that Punjab Labour Appellate Tribunal has misread sections 13 and 17 of the National Highway Authority Act, 1991, and has acted ‑without jurisdiction and any lawful authority in holding that work‑charge employees of National Highway Authority are governed by Industrial Relations Ordinance. Respondent No. l pas appeared in person. He has been heard.

3. There is a considerable merit in the contention raised by the learned counsel for the petitioner. Section 13 of National Highway Authority Act, 1991 reads as under:‑‑ "

13. Appointment of Officers, servants etc. ‑‑‑(1) The Authority may from time to time employ such officers and servants, or appoint such experts or consultants, as it may consider necessary for the performance of its functions, on such terms and conditions as it may deem fit. (2) Notwithstanding anything contained in subsection (1), any rules made, or orders or instructions issued, by the Authority, or in the terms and conditions of service of any person employed by or serving under the Authority, the Authority may at any time terminate the services of any person, after giving him not less than sixty days notice or pay for the period by which such notice falls short of sixty days. (3) Service under the Authority is hereby declared to be Service of Pakistan and every person holding a post under the Authority, not being a person who is on deputation to the Authority from any Province, shall be deemed to be a civil servant for the purposes of the Service Tribunals Act, 1973. " It is evident from subsection (3) of section 13 that service under the Authority has been declared to be a service of Pakistan and every person holding a post under the Authority is deemed to be a civil servant for the purposes of the Service Tribunals Act. The one exception inn this behalf are the persons who are on deputation with the Authority. Punjab Labour' Appellate Tribunal was, therefore, on error in making an exception in the case of work‑charge employees. Whatever be the definition of a civil servant as given' in Service Tribunals Act, 1973 by operation of section 13 all employees of National Highway Authority except those who are on deputation, are deemed to be civil servants for the Service Tribunals Act, 1973.

4. Similarly section 17 of the National Highway Authority Act in clear and explicit terms provides that the Industrial Relations Ordinance shall not apply to or in relation to the Authority. It follows, therefore, that no petition can be brought under the Industrial Relations Ordinance against the petitioner. The status of respondent No. 1, in the present case, was not of such consequence. Since respondent No. l had filed application under section 25‑A of the Industrial Relations Ordinance, 1969 which does not apply to the respondent it should have been thrown away on that ground and Labour Court was justified in doing so. It is unfortunate that Punjab Labour Appellate Tribunal misdirected itself in holding to the contrary. Learned counsel for the petitioner has relied upon Syed Nadeem Arif and others v. Federation of Pakistan 1998 PLC (C.S,) 597 which takes the same view. In view of what has been stated above, this petition is allowed, the impugned judgment/order of the Punjab Labour Appellate Tribunal dated 1‑12‑1996 is declared to be without lawful authority and of no legal effect; with the result that order of Punjab Labour Court No. 1 dated 8‑2‑1996 stands restored. No order as to costs. H.B.T./N‑121/L ????????????????????????????????????????????????????????????????????? ??????????? Petition allowed.