SHAH ABDUR RASHID (CHAIRMAN).---This appeal purporting to be under section 4 of the Service Tribunals Act, 1973 has been filed by Zulfiqar, the appellant, who is at present employed under the respondent, Pakistan Steel Mills Corporation. He has challenged the order of the Management No. AP-3(53)/78/1417, dated the 26th March, 1978, whereby the .Respondent refused to give him the pay scale equal to/or higher than one given to the Operatives of the respondent.
2. The respondent, Pakistan Steel Mills Corporation is a Limited Company, incorporated under the Companies Act, 1913. This is a Corporation set up by the Federal Government and the persons employed by it, are the persons in Corporation service within the meaning of section 2 of the Corporation Employees (Special Powers) Ordinance, 1978. The learned counsel for the appellant has contended that since the appellant, by virtue of section 5 of the aforesaid Ordi--nance, is a civil servant for the purpose of Service Tribunals Act, 1973, this Tribunal has jurisdiction to entertain his appeal under section 4 of the Service Tribunals Act, 1973.
3. A bare reading of the Corporation Employees (Special Powers) Ordinance, 1978 would show that the President has been given absolute power to remove from service or revert to a lower post or grade, a person in Corporation service who is appointed or promoted during the period from the 1st day of January, 1972 to the .5th day of July, 1977. If the President or a person authorised by him exercises his power under section 3 of the said Ordinance then the aggrieved person by fiction of law becomes a civil servant under section 5 of the Ordinance, and can seek redress from the Tribunal. In this case, neither the President no any person authorised by him has exercised the power under section 3. The question of application of section 5 empowering the Tribunal to interfere in the order, therefore, does not arise. Moreover, the appellant is neither removed from service nor reverted to a lower post or grade, and therefore, even the order which has been passed in his case, is not coveted by section 3 (Ibid). The appellant's claim for a higher scale of pay has been rejected by the employer under the ordinary administrative functions, and therefore, the question of invoking the provisions of Corporation Employees (Special Powers) Ordinance, 1978 is completely out of context. Since no action has beets taken against the appellant under section 3 of the Ordinance, he is not a civil servant as contemplated by section 5 of the Ordinance read with the Service Tribunal Act, 1973. This Tribunal has, therefore, no jurisdiction to entertain this appeal, which is rejected in limine.
Parties to be informed.