The appeals captioned above arise from the decision dated 9-11-1981 passed by the learned Presiding Officer Punjab Labour Court No. 3, Feroze--wala, whereby the appellant was directed to promote the respondents with effect from I1-4-1981.
2. It has been argued by the learned counsel for the appellant that the respondents being civil servants, the Service Tribunal has jurisdiction and not the Labour Courts. The controversy on- the point has been set at rest by the Supreme Court in F. U. Malik v. WAPDA (Civil Petition for Special Leave to Appeal No. 163/11 of 1982, decided on 5-12-1982 by holding that all WAPDA employees are civil servants for the purposes of Services Tribunals Act. According to section 4 (b) (i) the jurisdiction of the Services Tribunal is barred where a person has been found as unfit for retaining in service or for promotion. In the .Present case no such order has been challenged, whereby the respondents may have been declared as unfit for promotion. The cases fall within the jurisdiction of the Service Tribunal and Labour Court has, as held by the Supreme Court, no jurisdiction.
3. The appeals are accepted and the impugned decisions of the learned lower Court are set aside.
The grievance petitions are directed to be returned to the respondents for presentation to the proper forum.