ADMINISTRATOR AUQAF, HYDERABAD Versus ALLAN FAKIR

DECISION

This appeal by Administrator Auqaf, Hyderabad arises from order o1 Labour Court No. VI, Hyderabad whereby the grievance petition filed by Allan Fakir respondent against termination of his service was allowed and the respondent was reinstated with full back benefits.

2. Forefathers of Allan Fakir were acting as Khadims (care‑taker) of Dargah Juman Shah, situated at Laghari Graveyard, Taluka Tando Muhammad Khan. On the death of the father of respondent Allan Fakir he was appointed as care‑taker in the year 1969 on a salary of Rs.50 per month. The services of the respondent were terminated on 12‑8‑1991 as a measure of retrenchment by the Government. The Auqaf Department is neither Industrial nor Commercial Establishment employing more than 20 persons. It is a department of Government of Sindh and the respondent was a civil servant. He was not therefore a worker within the meaning of the I.R.O. or the Standing Orders.

3. Under the circumstances the Labour Court had no jurisdiction to entertain the petition of a Government servant who was a civil servant within the meaning of Civil Servants Act. The order of the Labour Court reinstating the respondent is accordingly set aside and the appeal is allowed.

H.B.T./2441/L Appeal allowed.