| Case ID |
099ed198-eac7-4247-a9fa-aa57772c1069 |
| Body |
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| Case Number |
Labour Appeals Nos. 21 and 22 of 1990 |
| Decision Date |
Jun 24, 1990 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal ruled that the Labour Court lacked jurisdiction to adjudicate service disputes involving WAPDA employees, as they were declared civil servants under the West Pakistan Water and Power Development Authority (Amendment) Act, 1975. The tribunal dismissed the grievance petitions filed by the respondents, Raz Muhammad and Abdul Khaliq, for promotion, citing that no specific legal rights had been violated. The appeals by the respondents were rejected, and the decision of the Labour Court was set aside, affirming that the matters should have been addressed under the Service Tribunals Act, 1973. |
| Summary |
In the case of Labour Appeals Nos. 21 and 22 of 1990, the Labour Appellate Tribunal addressed the jurisdiction of the Labour Court over service disputes involving WAPDA employees. The tribunal determined that WAPDA employees are considered civil servants as per the West Pakistan Water and Power Development Authority (Amendment) Act of 1975, which excludes them from the Labour Court's jurisdiction. The appellants, Raz Muhammad and Abdul Khaliq, contested their non-promotion to Machine-Attendants despite fulfilling the necessary qualifications. However, the tribunal found that their grievances did not establish any violations of their rights under existing laws. As a result, the tribunal dismissed their appeals, emphasizing the need for such disputes to be resolved through the Service Tribunals Act. This ruling highlights the importance of jurisdiction in employment-related matters and the proper channels for addressing employee grievances within public service frameworks. |
| Court |
Labour Appellate Tribunal, Quetta
|
| Entities Involved |
West Pakistan Water and Power Development Authority,
Thermal Power Station, Quetta
|
| Judges |
Munawar Ahmad Mirza
|
| Lawyers |
Ehsan Jafri,
Azizullah Kakar
|
| Petitioners |
Raz Muhammad
|
| Respondents |
Resident Engineer, Thermal Power Station, Quetta
|
| Citations |
1990 SLD 1537,
1990 PLC 726
|
| Other Citations |
P L D 1975 Central Statutes 1976, p. 134,
Water and Power Development Authority and others v. Muhammad Yasin and others 1986 P L C 771,
Muhammad Latif Bhatti v. Chairman, Area Electricity Board (E), Gujranwala 1987 $ C M R 1936,
Miss Akhtar Roscline v. Chief Engineer, Telecommunications WAPDA, Lahore and others 1980 P L C (C.S.) 380,
Hari Kishan Dass v. Chairman, WAPDA P L D 1983 Quetta 61,
Muhammad Duryab Yousuf Qureshi v. Punjab Labour Appellate Tribunal, Lahore P L D 1979 Lah. 406,
WAPDA v. Siraj Din and another 1983 P L C 570,
Revenue Officer (E) WAPDA, Daska Division, Sialkot v. Nazar Hussain 1983 P L C 846,
Muhammad Hussain and others v. WAPDA and others 1984 P L C 1204,
WAPDA and others v. Zahoor Haider Shah and others 1985 P L C 856,
Mian Muhammad Shat Javed v. WAPDA 1986 P L C 83,
WAPDA through its Chairman, Area Electricity Board, Hyderabad v. Saeeduddin Ahmed and others 1986 P L C 891,
WAPDA v. Muhammad Saleem and others 1987 P L C 649,
Amir Ali v. Ghulam Farid and another 1988 P L C 726,
Water and Power Development Authority v. Mirza Akhlaq Ahmed and another 1988 M L D 668,
WAPDA through Area Electricity Board, Gujranwala v. Maqsood Ahmed 1988 P L C 643,
1989 S C M R 1549
|
| Laws Involved |
West Pakistan Water and Power Development Authority Act (XXXI of 1958),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
17(1-B),
25-A,
38(3)
|