BASHIR AHMAD Versus SINDH AGRICULTURAL SUPPLIES ORGANISATION

DECISION

The grievance petition filed by Bashir Ahmed, Sales Inspector S.A.S.O. for reinstatement was held by the Labour Court as having abated as under the Service Tribunals Amendment Act as servant of S.A.S.O. Corporation he 'became a civil servant.

2. But it has been argued by Mr. Nazar Akbar that the appellant was actually a storekeeper re‑designated as Sales Inspector. in the same Grade‑11, doing the same work. That a storekeeper is nor a civil servant as defined under the Civil Servants Act 1973, being a workman as defined in section 2(b)(iii) of the Act. A workman is defined for the purposes of Civil Servants Act as the workman under, the Workmen's Compensation Act, 1923. Workmen's Compensation Act, section 2(1)(n), Schedule II includes a person employed in the handling or transport of goons within a precincts of any warehouse or a place in which goods are stored and in which on any day for the preceding 12 months 10 or more persons are employed for handling and transport of goods (clause xxvi). Mr. Nazar Akbar has; therefore, argued that this is a mixed question of law and facts and evidence has to be led as to the number of persons so employed in the S.A.S.O. Warehouse or Bulk. Depot, Khairpur.

3. The case is accordingly remanded to the Labour Court No.VII, Sukkur for deciding the issue whether the appellant is a workman‑within the definition given in the Schedule. Case may, be expeditiously disposed of if possible within three months.

4. Case remanded.

H.B.T./77/Lb.S Order accordingly.