AKHTAR MUNIR and 4 others vs DISTRICT MANAGER, SINDH ROAD TRANSPORT
This matter concerns revision applications filed under the Industrial Relations Ordinance, 1969, challenging an order by the Labour Court, which had declared the petitioners' grievance petitions abated on the grounds that they were civil servants governed by the Civil Servants Act. The core legal question was whether the petitioners, employed by the Sindh Road Transport Corporation, qualified as civil servants or as workers under the relevant labour laws. The Labour Appellate Tribunal held that, with the exception of the Junior Clerk, the petitioners—comprising conductors, drivers, and cleaners—fall within the definition of workers under the Workmen's Compensation Act, 1923, and are not civil servants. Consequently, their grievance petitions do not abate and must be decided on their merits. The Tribunal set aside the Labour Court's order regarding these workers and remanded the cases for adjudication on merits. The key principle laid down is that employees such as conductors, drivers, and cleaners are classified as workers under the Workmen's Compensation Act, 1923, and are excluded from the definition of civil servants, thereby retaining their right to seek redressal through labour courts.
- Do conductors, drivers, and cleaners employed by a transport corporation fall under the definition of civil servants?
- Does the status of a worker under the Workmen's Compensation Act, 1923, preclude the abatement of a grievance petition?
- Are grievance petitions of transport corporation employees governed by the Civil Servants Act, 1973?
- Section 38(3-a), Industrial Relations Ordinance 1969
- Section 2(1)(n), Workmen's Compensation Act 1923
- Civil Servants Act 1973
- Service Tribunals Act 1973
DECISION ' These Revision Applications under section 38(3-a) of I.R.O., 1969 calls in question the order of the Labour Court No, VI, Hyderabad declaring the grievance petitions of the applicants to have abated because they became servants of the Corporation and as such they fell within the definition of civil servants under the Civil Servants Act.
2. Mr. Wahid Bux Shaikh for the workers has admitted that the conductors, drivers, cleaners come within the definition of workers as defined in Schedule II(1)(n) which are exceptions and are to be regarded as workers and not civil servants within the meaning of Civil Servants Act. Section 2(1)(n) of the Schedule II, Workmen's Compensation Act.
3. Thus with the exception of Akhtar Munir, Junior Clerk all other applicants are not governed by the Civil Servants Act and they fall within the definition of workers under the Workmen's Compensation Act. Their grievance petitions do not abate and the petitions should be heard on merits since they are not affected by the amendment to the Service Tribunals Act. Therefore the cases of applicants 2 to 5 in Revision Petition No, HYD-197 of 1995 and Muhammad Bux in Revision Petition No, HYD-234 of 1995 can be heard by the Labour Court as such they are remanded for being decided on merits. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.