1. ' WAPDA has appealed against the decision, dated 17th November, 1981 delivered by the learned Presiding Officer Labour Court No, 1, Lahore, whereby the grievance petition of the respondent for his re-instatement was accepted and he was directed to be re-instated with full back benefits.
2. ' The respondent was junior clerk at the time of his termination and was working as receipt and despatch clerk in the Power Wing. In the service conditions given in clause 2 of the appointment letter P. I. Is it is mentioned that the period of probation would be initially one year during which he could be terminated if his work and conduct was found unsatisfactory. In his termination order P. 3 it is written that under clause 2 of his offer of appointment his services are terminated, meaning that his work and conduct was found unsatisfactory. But in written statement the position taken by the appellant was that the respondent was caught red-handed while accepting illegal gratification from a consumer. It is also mentioned that he had been suspended on account of misconduct and that final order was passed for similar reasons. It is thus apparent that the respondent was in reality punished with the termination of service for misconduct.
3. ' It has been argued that StaLding Orders Ordinance, 1968 is not applicable as WAPDA is working under the authority of the Government and has its own statutory roles. It's rules may be statutory but this is not correct that it is working under the authority of the Government. It is independent and has separate entity. Section 17 (1-B) of WAPDA Act has given its certain employees the status of civil servants. If WAPDA had been functioning under the authority of the Government its employees would have automatically the status of civil servants as other Government servants are civil servants and there had been no necessity of making a provision to give them such a status. It has its own separate funds. It is functioning under its own authority and is not getting any authority from the Government. In (sic) it working under the authority of the Government.
4. ' Notification No, 9,9 (Lah, 68) has been made by the Governor published in the Punjab Gazette of August 4, 1977 exempting WAPDA installations (Workshop and Power House) from the applicability of Standing Orders Ordinance, 1963 but the respondent not being employee in any such installation but being employed in office of the Power Wing in clerical category can take benefit of the said Ordinance. Although before me it was not argued that the respondent is a civil servant and is not a workman but since before the learned lower Court this question was raised it appears necessary to say some thing on this point. No doubt section 17 (I) (b), WAPDA Act has declared employees of WAPDA as civil servants but the said Act has not defined the term. Civil Servants Act had defined the term according to which those employees have been excluded from the definition who come within the definition of workmen given in the Work- men's Compensation Act and the Factory Act.
5. According to section 2 (u) read with clause (xix) of Schedule II of the Workmen's Compensation Act persons employed in distribution and transmission of the electricity are workmen. Previously persons employed in clerical category were excluded from clause (xix) of Schedule II but amendment was made and exempting words were deleted. So clerks employed in Power Wing of WAPDA are also workmen and excluded from the definition of civil servants. Needless to say that the respondent is covered by the definition of workman given in the I. R.
0. And Standing Orders Ordinance being a clerk.
6. According to Orders 15 (4) and (5) when the charge is of misconduct it is necessary to charge- sheet and to make an inquiry. Since the respondent was stigmatized with the misconduct of taking illegal gratification it was necessary to charge-sheet him and make inquiry against him. He has, therefore, been rightly reinstated by the learned lower Court.
7. ' As a result of the discussion above I do not find any force in the appeal and dismiss it in limine.