2008 PLP (C (PLC(CS))
YASIR ARFAT Versus CHIEF POST MASTER, G.P.O., HYDERABAD
| Citation | 2008 PLP (C (PLC(CS)) |
| Forum / Court | Federal Service Tribunal |
| Bench Members | Qazi Muhammad Hussain Siddiqui and Rashid Ali Mirza, Members |
| Parties | YASIR ARFAT Versus CHIEF POST MASTER, G.P.O., HYDERABAD |
| Primary Law | Service Tribunals Act (LXX of 1973) |
Q1: What are the key laws and sections cited in 2008 PLP (C (PLC(CS))?
This judgment primarily cites: Service Tribunals Act (LXX of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP (C (PLC(CS))?
The case was heard and decided by the Federal Service Tribunal bench comprising: Qazi Muhammad Hussain Siddiqui and Rashid Ali Mirza, Members.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP (C (PLC(CS)) (YASIR ARFAT Versus CHIEF POST MASTER, G.P.O., HYDERABAD). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sanaullah Noor Ghouri for Appellant.
- Asif Mangi, Standing Counsel for Respondents.
- Date of hearing: 10th October, 2006.
- QAZI MUHAMMAD HUSSAIN SIDDIQUI (MEMBER).---Advocates for the parties present. Heard them and perused the record.
Headnotes / Summary
Ss. 2, 2-A & 4--Workmen's Compensation Act (VIII of 1923), Sched. II, cl.(xiii)
Appellant, in the case, admittedly was a workman as envisaged under cl.(xiii) of Sched. II of Workmen's Compensation Act, 1923
Appellant in circumstances was not a civil servant under S.2(1)(b) of Civil Servants Act, 1973
Appellant. had filed appeal under S.4 read with S.2 of Service Tribunals Act, 1973, but it should have been filed under S.2-A of said Act and not under S.2 thereof as he was a `workman'
Section 2-A of Service Tribunals Act, 1973 having been declared as ultra Vires by the Supreme Court, appeal stood abated
Appellant could seek his remedy before the Labour Court of competent jurisdiction. Zahir Ullah and 13 others v. Chairman, WAPDA Lahore, and others 2000 SCMR 826 and Muhammad Mubeen-us-Salam and others v. Federation of Pakistan through Secretary, Ministry of Defence Government of Pakistan and others PLD 2006 SC 602 rel.
Judgment & Decree
QAZI MUHAMMAD HUSSAIN SIDDIQUI (MEMBER).
Advocates for the parties present. Heard them and perused the record.
2. The appellant was, admittedly, a workman, as envisaged under clause (xiii) of Schedule-II of the Workmen's Compensation Act, 1923, which is reproduced as under:-- "(xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail Service, or employed in any occupation ordinarily involving outdoor work in the Posts and Telegraphs Department; or"
3. In view of the above definition of workman, the appellant was not a civil servant under section 2(1)(b) of Civil Servants Act, 1973. However, in view of the authority of the Honourable Supreme Court reported in Zahir Ullah and 13 others v. Chairman, WAPDA Lahore and others 2000 SCMR 826, workmen were also held entitled to file appeal before the Service Tribunal under section 4 read with section 2A of the Service Tribunals Act, 1973, but in view of the judgment of the Honourable Supreme Court reported in Muhammad Mubeen-us-Salam and others v. Federation of Pakistan through Secretary, Ministry of Defence Government of Pakistan and others 2006 PSC 1081, declaring section 2A as ultra vires, the appeals under section 2A stand abated.
4. The appellant had filed this appeal under section 4 read with section 2 of the Service Tribunals Act, 1973, but it should have been filed under section 2A, Service Tribunals Act, 1973 and not under section 2, as he was a workman.
5. In view of the judgment of the Honourable Supreme Court, referred to above, the appeal stands abated. The appellant may seek his remedy before the Labour Court of competent jurisdiction. The appeal stands disposed of accordingly with no order as to costs.
6. Copies of this judgment be sent to the parties under registered cover and to the relevant quarters as per Rule 21 of the Service Tribunals (Procedure) Rules, 1974. H.B.T./72/FST Order accordingly.