| Case ID |
36a8cd60-4d5e-46a2-8d27-99ce1b3a061d |
| Body |
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| Case Number |
SUK-19, 47 and 82 of 1990 |
| Decision Date |
Mar 27, 1991 |
| Hearing Date |
Mar 16, 1991 |
| Decision |
The appeals SUK-19/90 and 47/90 are dismissed, while Appeal No. 19/90 is allowed. The Labour Court had no jurisdiction to entertain the grievances of WAPDA employees, as they were declared civil servants, and all orders passed by the Labour Court were without jurisdiction. This decision clarifies the exclusive jurisdiction of the Service Tribunal for WAPDA employees under the amended provisions of the West Pakistan Water and Power Development Authority Act, 1958. |
| Summary |
This case revolves around the jurisdiction of the Labour Court concerning employees of the West Pakistan Water and Power Development Authority (WAPDA). The main legal issue was whether the Labour Court had the authority to entertain grievances from WAPDA employees, who had been declared civil servants under the West Pakistan Water and Power Development Authority Act of 1958. The Tribunal concluded that the Labour Court lacked jurisdiction as these employees had a specific remedial forum available to them under the mentioned Act. The decision underlines the importance of understanding the jurisdictional boundaries set forth by legislative amendments and affirms that grievances related to civil servant status must be addressed through the Service Tribunal. This case highlights the intersection of labor law and civil service regulations, emphasizing the exclusive rights and protections available to civil servants under Pakistani law. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
West Pakistan Water and Power Development Authority
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Manzar Alam,
Mushtaq Ahmed Shaikh,
Saddiq Ansari
|
| Petitioners |
ATTA MUHAMMAD,
MUHAMMAD HASAN
|
| Respondents |
|
| Citations |
1992 SLD 761,
1992 PLC 334
|
| Other Citations |
1987 SCMR 1936
|
| Laws Involved |
West Pakistan Water and Power Development Authority Act, 1958,
Industrial Relations Ordinance, 1969
|
| Sections |
17(1B),
17(1C),
38(3-a)
|