| Case ID |
2001ab13-060c-4025-ac22-39a8614e9efd |
| Body |
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| Case Number |
GA-383 of 1982 |
| Decision Date |
Aug 13, 1983 |
| Hearing Date |
Aug 10, 1983 |
| Decision |
The appeal was dismissed as the Labour Courts and the Labour Appellate Tribunal lacked jurisdiction to grant relief to WAPDA employees, who are classified as civil servants under the WAPDA Act. The appellant's grievance petition for re-instatement was rejected based on established precedents that affirm the jurisdictional boundaries concerning civil servants. Consequently, the memo of appeal was directed to be returned to the appellant for appropriate presentation to the relevant forum, upholding the legal framework governing WAPDA employees and their rights under the Services Tribunals Act. |
| Summary |
In the case of GA-383 of 1982, the Labour Appellate Tribunal addressed the appeal of Abdul Haque against the Superintending Engineer of WAPDA, Gujranwala. The central issue revolved around the jurisdiction of the Labour Court and the Appellate Tribunal concerning WAPDA employees, who are categorized as civil servants according to the WAPDA Act. The Tribunal reaffirmed that such employees must seek redress through the Services Tribunals Act. The ruling emphasized the importance of adhering to established legal precedents, including the Supreme Court's decision in F. U. Malik v. WAPDA, which clarified that WAPDA employees cannot invoke the jurisdiction of Labour Courts. This case underscores the delineation of rights and responsibilities within the framework of public service laws, particularly for employees of statutory bodies like WAPDA. The decision serves as a critical reference for future cases involving jurisdictional questions in labour disputes, particularly in the context of civil service regulations. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
WAPDA
|
| Judges |
Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Kamran Mahmood
|
| Petitioners |
ABDUL HAQUE
|
| Respondents |
SUPERINTENDING ENGINEER, WAPDA, GUJRANWALA
|
| Citations |
1984 SLD 1015,
1984 PLC 75
|
| Other Citations |
F. U. Malik v. WAPDA C. P. L. A. No. 163/11 of 1982
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
West Pakistan Water and Power Development Authority Act, 1958
|
| Sections |
25-A,
38,
17 (1-B)
|