' QAZI MUHAMMAD HUSSAIN SIDDIQUI (MEMBER).---Advocates for the parties present. Heard them and perused the record.
2. The appellant was, admittedly, a workman, as envisaged under IA clause (xiii) of Schedule-II of the Workmen's Compensation Act, 1923, which is reproduced as under:-- "(xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail Service, or employed in any occupation ordinarily involving outdoor work in the Posts and Telegraphs Department; or"
3. In view of the above definition of workman, the appellant was not a civil servant under section 2(1)(b) of Civil Servants Act, 1973. However, in view 'of the authority of the Honourable Supreme Court reported in Zahir Ullah and 13 others v. Chairman, WAPDA Lahore and others 2000 SCM R 826, workmen were also held entitled to file appeal before the Service Tribunal under section 4 read with section 2A of the Service Tribunals Act, 1973, but in view of the judgment of the Honourable Supreme Court reported in Muhammad Mubeen-us-Salam and others v. Federation of Pakistan through Secretary, Ministry of Defence Government of Pakistan and others 2006 PSC 1081, declaring section 2A as ultra vires, the appeals under section 2A stand abated.
4. The appellant had filed this appeal under section 4 read with section 2 of the Service Tribunals Act, 1973, but it should have been filed under section 2A, Service Tribunals Act, 1973 and not under section 2, as he was a workman.
5. In view of the judgment of the Honourable Supreme Court, referred to above, the appeal stands abated. The appellant may seek his remedy before the Labour Court of competent jurisdiction. The appeal stands disposed of accordingly with no order as to costs.
6. Copies of this judgment be sent to the parties under registered cover and to the relevant quarters as per Rule 21 of the Service Tribunals (Procedure) Rules, 1974.