S.ABDUL JABHAR KHAN (CHAIRMAN). ---Mr. Liaqat Ali Rathore, Sub-Divisional Officer, WASH has filed this appeal under section 4 of the Punjab Service Tribunal Act of 1974 against the original order dated 18-10-1981 whereby a major penalty of reduction to initial stage of time-scale of pay was imposed upon the appellant. He has impleaded Managing Director, WASA, L. D. A. Lahore as respondent.
2. By virtue of this appeal he has prayed that he may be re-instated into service and the impugned order be set aside.
3. This appeal was admitted for regular hearing on 16-6-1982. We have heard the learned counsel for the appellant as well as the learned counsel for the respondent and the learned District Attorney in this case. A preliminary objection has been raised by the respondent's counsel that the appellant being an employee of Lahore Development Authority would not be amenable to the jurisdiction of this Tribunal as he would not be Civil Servant as defined in the Act of 1974. On the other hand the learned counsel for the appellant has maintained that the appellant would be a Civil Servant and this Tribunal has complete jurisdiction to adjudi--cate his case.
4. Without going into the merits of the case we will first adjudicate this point as to whether the appeal is maintainable or not.
5. A case of similar nature of Malik Inayat Ullah v. Director Admi--nistration, Lahore Development Authority came before the Full Bench of this Tribunal and the same stood decided on 26-7-1982 in which we have held that employees of the Lahore Development Authority are not Civil Servant, therefore this Tribunal has no jurisdiction to entertain the appeals and in consequence of the said observation the appeal of Mali Inayat Ullah was dismissed. We will briefly re-count the remarks incorporated in paras. 5 and 6 of the said judgment dated 29-7-1982.
"The L.D.A. Was constituted under the L.D.A. Act, 1975. This authority was declared by virtue of this act as a body corporate with perpetual succession and a common seal, with powers, subject to the provisions of the said Act. It has its own governing body consisting of various members both from the Government as well as from the Municipal Corporation formulating its rules, functions, and following its own procedure. The Director-General by virtue of section 8 is an appointee of the Government on such terms and conditions as may be determined by the Government. The Authority in discharge of its functions would act and be guided by such direction as Govern--ment may give it from time to time. The officers and employees of this Authority have been clothed with the status of the Public Servant within the meaning of section 21 of the Pakistan Penal Code.
Immunity for its action has also been granted to it under section 42 of the said Act of 1975."
6 "Looking into the constitution of this corporate body as well as its rules so framed by it, it can be said with certainty that all the employees of the L.D.A. May be public servants but it cannot be held that all public servants are civil servants. If the intention of the Authority was to declare its employees as civil servants, it would have used the word of civil servant instead of public servant because all civil servants are public servants. In this matter reliance is placed on Mumtaz Liaquat v.
Pakistan PLJ 1978 Tr. C. 59 through Chairman, Islamic research Institute, in which it was held that employees of a board would be under the rule-making control of the board and not the Government. Similarly, in Muhammad Yousuf v. Pakistan Ordinance Factory, Wah, 1977 PLC (C. S. T.)
96, it was held that the fact that a Government Servant was dealt with under the Government Servants (Efficiency and Discipline) Rules would not be interpreted to mean that he was a civil servant which expression for the purpose of preferring an appeal before the Tribunal was defined in the Service Tribunal Act, 1973 and Civil Servants Act, 1973. On this parallel it can be safely concluded that an employee of the L.D.A. Which is a corporate body would not be a civil Servant within the terms of the Punjab Service Tribunals Act, 1974.
5. In view of the above we proceed to dismiss this appeal as non-maintainable.