MUHAMMAD ABDULLAH BHATTI AND ANOTHER Versus CHAIRMAN, WAPDA

This is an appeal against the order dated 1‑3‑1:976 of Punjab Labour Court No. 1, Lahore passed under section 25‑A of Industrial Relations Ordinance, 1969.

2. Muhammad Abdullah Bhatti and Rana Muhammad Ashfaq were employed as ledger keeper and bill clerk respectively in the office of the Revenue Officer, WAPDA, Gujranwala 1, who placed them under suspension on 2‑I1‑1975. Against the orders of suspension, they filed separate petitions under section 25‑A of Industrial Relations Ordinance 1969 seeking relief to the effect that the orders of their suspension be declared as illegal, without lawful authority and of no legal effect and that they might be ordered to be re‑instated in service immediately. The learned Labour Court consolidated both the petitions and disposed them off by one order.

3. It was maintained by them that their suspension order were passed by the Revenue Officer under the direction of the authority of the Chief Engineer and that he himself had exercised no independent discretion. It was also maintained that there was no material to charge them for misconduct justifying suspension and that no show‑cause notice had been issued to them before the issuance of the suspension orders. The learned Labour Court dismissed their petitions on the ground that it had no jurisdiction to deal with the matter under consideration in view of the fact that the said matter fell within the exclusive jurisdiction of the Service Tribunal.

4. Aggrieved by the above order both Muhammad Abdullah Bhatti and Rana Muhammad Ashfaq have preferred a joint appeal.

5. It was contended by the learned counsel for the appellants that since the orders of suspension were not the final orders, they were not covered by section 4 of the Service Tribunals Ordinance XV of 1973. Therefore the Labour Court had jurisdiction to deal with the petitions.

6. In order to appreciate the contention of the learned counsel it will be convenient to reproduce the relevant provisions of law connected with the matter in question.

7. Section 17(1) of the West Pakistan Water and Power Development

Authority Act XXXI of 1958 reads as under:

"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 function on such terms and conditions as it may deem fit."

8. Section 17 was amended by West Pakistan Water and Power Development,(Authority (Amendment) Ordinance XVI, 1971, which came into force on 3Ui September 1975. The amendment is as follows :‑

In the West Pakistan Water and Power Development Authority Act, 1958 (West Pakistan Act No. XXXI of 1958), in section 17, after subsection (1), the following new subsections shall be inserted, namely‑

"(1A) Notwithstanding anything contained in subsection (1) or any rules made, or orders or instruction 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, remove from its service any person without assigning any reason, after giving him not less than thirty days notice or pay for the period by which such notice falls short of thirty days.

(1B) 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 Service Tribunals Act, 1973 (LXX of 1973)."

9. Section 4 of the Service Tribunals Ordinance, XV, 1973 reads as under :-

"Appeals to Tribunals.‑Any civil servant aggrieved by any final order, whether original or appellate, made by a departmental authority in within thirty days of the communication of such order to him, prefer an appeal to the Tribunal having jurisdiction in the matter."

10. From the above it is clear that in view of amendment in section 17 of Water and Powers Development Authority Act, 1958, by the amendment ordinance, XV, the service under the Authority has been 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, is deemed to be a civil servant for the purposes of Service Tribunals Act, 1973. Further according to section 3(2) of the Service Tribunals Ordinance, 1973, the Tribunal has exclusive jurisdiction in respect' of matters relating to ‑the terms and conditions of service of civil servants, including disciplinary matters. Therefore it is obvious that the jurisdiction of the Labour Courts has been ousted in respect of all the employees of WAPDA, who have been declared as Civil Servants.

11. In the result I find no merit in this appeal, which is hereby dis missed.