BUILDING DEPARTMENT, GOVERNMENT OF SINDH Versus JAHANDAD KHAN

DECISION

This is an appeal against the order of the learned Presiding Officer, Sindh Labour Court No.VI at Hyderabad, 'dated 25-3-1990, whereby the grievance petition of the respondents Nos.l to 20 was partly allowed and the learned Labour Court directed the appellant to place necessary funds at the disposal of respondent No.21 for meeting with the financial benefits of the respondents Nos.l to 20 for the period they served with the appellant.

2. I have heard Mr. Rafiq Ahmad, A.G.P. for the appellant. It is not disputed that the respondents Nos.l to 20 were previously employees of the appellant and subsequently they were transferred to respondent No.21. They filed grievance petition before the learned Labour Court praying that either they should be re-transferred to the parent department viz., the appellant or the appellant or the respondent No.21 be held responsible for payment of their financial benefits i.e. G.P. Fund. Benevolent Fund and pensionary benefits etc.

3. It is not disputed that the respondent workmen are entitled to financial benefits claimed by them, but, only dispute is as to whether the appellant is liable for the payment to the workmen for the period I hey worked with the appellant or the respondent No.21 is liable for the entire period to whom the services of the respondent workmen have been permanently transferred. It is a dispute between two organizations of Government of Sindh and the workmen are not concerned, as their right is not disputed. The dispute between the two organizations viz, the appellant and the respondent No.21 cannot be settled in this Tribunal. The Labour Court had rightly held that the appellant is liable for the payment of financial benefits to the respondent workmen for the period, they admittedly served under the appellant.

4. Mr. Rafiq Ahmed, learned A.-G.P. has relied upon the letter to the Director-General, Hyderabad Development Authority issued by the communication and Works Department, Government of Sindh, dated 27-6-1.989. The relevant portion of this letter may be reproduced as under:-

"It is stated that the staff may be absorbed permanently in the H.DA. as per decision of the meeting and should be given benefits of their past service and pensionary benefits applicable to the employees of Hyderabad Development Authority."

5. Under the circumstances as there is no question at issue to be decided in appeal between the workmen and the appellant, the appeal is not maintainable and it is dismissed in limine. With regard to the financial liability of the two organizations, they may approach the Sindh Government for the decision as ultimately the liability of payment would be that of Government of Sindh. The appeal is accordingly dismissed in limine.

M.Y.H./1695/Lb.S Appeal dismissed.