| Case ID |
1af3ca70-8e73-43cc-a838-30e88ad9ac9b |
| Body |
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| Case Number |
Writ Petition No. 2305/S of 1983 |
| Decision Date |
Jan 30, 1984 |
| Hearing Date |
Jan 28, 1984 |
| Decision |
The writ petition filed by Ch. Ghulam Muhammad, an employee on deputation from the Electricity Department to the West Pakistan Water and Power Development Authority (WAPDA), was accepted. The Lahore High Court set aside the orders of the Labour Tribunal and remanded the case for fresh determination. The court found that the Labour Tribunal failed to exercise jurisdiction properly by not examining the material aspects of the case and overlooking the petitioner’s status as a workman under the relevant laws. The ruling clarified that the petitioner, being on deputation, was not covered by the WAPDA Act's provisions regarding civil servants. The court emphasized the need to examine the petitioner’s status under the Punjab Civil Servants Act and to conduct an inquiry into whether he qualified as a workman, thus ensuring a fair adjudication of his grievances. |
| Summary |
In the case of Ch. Ghulam Muhammad vs. WAPDA, the Lahore High Court addressed critical issues surrounding employment status, jurisdiction, and the rights of employees on deputation. The petitioner, originally from the Punjab Electricity Department, challenged the Labour Court's dismissal of his reinstatement application following his termination. The court highlighted the necessity of distinguishing between the definitions provided in the WAPDA Act and the Punjab Civil Servants Act to determine the applicable legal framework. The ruling underscored the importance of thorough examination and evidence in jurisdictional matters, setting a precedent for future cases involving civil servants and workmen rights. This case is significant for its implications on labor law and employee rights within governmental organizations, particularly in the context of deputation arrangements. Keywords such as employment law, labor rights, civil servants, and jurisdiction are crucial for understanding the broader impact of this decision. |
| Court |
Lahore High Court
|
| Entities Involved |
WAPDA
|
| Judges |
FAZL-I-MAHMOOD, J
|
| Lawyers |
Bashir Ahmad,
Mian Mood Hussain,
Nemo
|
| Petitioners |
Ch. GHULAM MUHAMMAD
|
| Respondents |
WAPDA,
2 OTHERS
|
| Citations |
1984 SLD 1122,
1984 PLC 363
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Water and Power Development Authority Act, 1958,
Punjab Civil Servants Act, 1974,
Industrial Relations Ordinance, 1969,
Provisional Constitution Order, 1981
|
| Sections |
17(1-B),
4,
25-A,
9
|