| Case ID |
3d3ebd83-2226-46e0-8259-f6f617f123d5 |
| Body |
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| Case Number |
LAK-2 of 1995 |
| Decision Date |
Jan 29, 1995 |
| Hearing Date |
Jan 29, 1995 |
| Decision |
The appeal was summarily dismissed as the Labour Court rightfully determined that the grievance petition filed by the appellant was not maintainable due to a lack of jurisdiction. The appellant, a government servant employed by the Public Health Engineering Division, was governed under the Civil Servants Act. The court clarified that the Public Health Engineering Department could not be classified as a factory as per the definitions provided in the Standing Orders Ordinance. The court emphasized that the appellant's employment status did not qualify him for the protections typically afforded to workmen under the Ordinance. Therefore, the Labour Court's dismissal of the application was upheld. |
| Summary |
This case revolves around an industrial dispute concerning the termination of a government employee's services by the Public Health Engineering Department. The appellant contested the termination through a grievance petition, which was dismissed by the Labour Court for lack of jurisdiction. The ruling clarified that the Public Health Engineering Department does not fit the definition of a factory under the Industrial and Commercial Employment (Standing Orders) Ordinance. As a result, the employee was classified as a civil servant under the Civil Servants Act, and his terms of service were governed by that Act. The decision highlighted the importance of jurisdiction in labour disputes and reinforced the distinction between workmen and civil servants. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Public Health Engineering Department
|
| Judges |
Mushtaq Ali Qazi,
Manzoor Ali
|
| Lawyers |
Abdul Majeed Pathan
|
| Petitioners |
Abdul Majid Pathan
|
| Respondents |
Not available
|
| Citations |
1995 SLD 1148,
1995 PLC 286
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Industrial and Commercial Employment (Standing Orders) Ordinance
|
| Sections |
Not available
|