| Case ID |
03ff4194-4e8e-441a-a993-4c9a38ab5ad7 |
| Body |
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| Case Number |
Appeal No. 71 (K) of 1980 |
| Decision Date |
Jun 22, 1983 |
| Hearing Date |
Jun 05, 1983 |
| Decision |
The Tribunal concluded that the appellant, an Assistant Station Master at Padidan railway station, was not classified as a 'civil servant' under the Civil Servants Act and was instead deemed a 'workman' under the Workmen's Compensation Act. Consequently, the Tribunal lacked jurisdiction to entertain the appeal presented by the appellant. The appeal was dismissed without any order as to costs. Furthermore, the Tribunal noted that changes in the railway administration's structure might warrant a review of the definition of 'workman' in relation to administrative roles, suggesting that the Labour Division should consider potential amendments. The parties were informed accordingly. |
| Summary |
In the case of Gul Hassan vs. Chairman, Pakistan Railway Board, the Federal Service Tribunal addressed the issue of whether the appellant qualified as a 'civil servant' under relevant laws. The case revolved around the definitions in the Civil Servants Act, the Service Tribunals Act, and the Workmen's Compensation Act. The Tribunal found that the appellant, serving as an Assistant Station Master, was classified as a 'workman' and thus could not invoke the Tribunal's jurisdiction for civil servant appeals. The decision highlights the nuances of employment classifications within the railway sector and suggests that regulatory bodies, such as the Labour Division, may need to revisit and amend definitions to reflect current operational realities. This case serves as a precedent in delineating the boundaries of civil servant status versus workman status, emphasizing the importance of precise legal definitions in employment law. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE SHAH ABDUR RASHID,
A. O. RAZIUR REHMAN
|
| Lawyers |
Syed Rashid Ahmed,
Abdul Aziz
|
| Petitioners |
GUL HASSAN
|
| Respondents |
2 OTHERS,
CHAIRMAN, PAKISTAN RAILWAY BOARD
|
| Citations |
1983 SLD 1989,
1983 PLC 1164
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Service Tribunals Act (LXX of 1973),
Workmen's Compensation Act (VIII of 1923)
|
| Sections |
2 (1) (b),
2 (a),
4,
2 (1) (n)
|