| Case ID |
43c8b65b-99d4-48a1-8dbb-c10422f5b2e1 |
| Body |
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| Case Number |
GA-648 and LHR-649 and LHR-532 of 1981 |
| Decision Date |
Mar 31, 1982 |
| Hearing Date |
Jun 22, 1982 |
| Decision |
The Labour Appellate Tribunal dismissed the appeals filed by WAPDA, ruling that the respondents were not civil servants but workmen as defined under the applicable laws. The Tribunal emphasized that the suspension of the respondents for more than 28 days was illegal under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. It was determined that the respondents were entitled to reinstatement and back benefits, with specific considerations for Ausaf Ali's case pending the outcome of a criminal investigation. The Tribunal clarified that the employees of WAPDA do not fall under the definition of civil servants as per the Civil Servants Act, 1973, hence they were entitled to file grievances before the Labour Court. The decision underscored the independence of WAPDA as a corporate body not governed by the authority of the Government, affirming the applicability of the Standing Orders Ordinance to WAPDA employees. |
| Summary |
This case revolves around the appeals filed by the Water and Power Development Authority (WAPDA) against decisions made by the Punjab Labour Court regarding the reinstatement of employees suspended for an indefinite period. The Labour Appellate Tribunal ruled that the employees, classified as workmen under various labor laws, were wrongfully suspended for more than the legally permissible period of 28 days. The Tribunal clarified that WAPDA employees are not classified as civil servants under the Civil Servants Act, thus allowing them to seek redressal through the Labour Court. The ruling highlighted the independence of WAPDA as a corporate entity and reaffirmed the applicability of labor laws to its employees. This landmark decision reinforces workers' rights and clarifies the legal status of employees working in semi-autonomous government corporations, ensuring their protection under labor laws. The case has implications for labor relations and governance within public sector entities, emphasizing the need for compliance with statutory labor regulations. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
WAPDA
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
M. A. Shaida,
Muhammad Ishaq,
Mian Mahmood Hussain
|
| Petitioners |
WAPDA THROUGH ITS CHAIRMANY AND ANOTHER
|
| Respondents |
Muhammad Shah,
AUSAF ALI,
Malik Ghulam Ahmad
|
| Citations |
1984 SLD 1595,
1984 PLC 1003
|
| Other Citations |
W. P. No. 3647 of 1978 (unreported)
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968,
West Pakistan Water and Power Development Authority Act, 1958,
Civil Servants Act, 1973,
Workmen's Compensation Act, 1923
|
| Sections |
2 (xxviii),
25-A,
1 (4),
17 (1-B),
2 (b),
2 (i)
|