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1973 PLC 26

MUHAMMAD ASLAM AND ANOTHER vs CHAIRMAN, PAKISTAN RAILWAY BOARD,

Citation1973 PLC 26
CourtLabour Court
Date1972-09-07
Judge(s)Abdul Qadeer, Bilgrami, Irshad Rana
ResultN/A

ORDER

1. ABDUL QADEER (CHAIRMAN).-The applicants have submitted that they were appointed in the Railway Accounts Academy, Quetta, but the respondents have not paid the Hill Allowance admissible under the law to the applicants from November 1970. The second prayer is that the amount of ad hoc relief sanctioned by the Government of Pakistan was also not paid to the applicants. The respondent No. 3 has appeared on behalf of the respondents and he has contested the application. He has submitted that ad hoc relief is being paid to the applicants and this fact has not been disputed by the applicants today. A preliminary objection was taken that under Government of Pakistan's Notification No. Conf/62/19/3 (1) dated 20-6-62 published in Part I of the Gazette of Pakistan, the Railway Accounts Academy, Quetta had always functioned as an office of the Pakistan Audit Department under the Central Government and not as an organ of the Railways and ever since then-had been under the administrative control of the Auditor-General of Pakistan. The employees of the Academy are paid from the budget of the Central Government and not from the revenues of the Railway. They are governed by the Civil Rules and Regula--tions of the Central Government only.

2. In view of this statement of fact the present application is not maintainable as it does not come within the mischief of Industrial Disputes, and therefore the jurisdiction of this Court is ousted. The representative of the applicants Mr. Hayat Pasha has stated that the pass facilities by the Railway are provided to the applicants. To this the Director, Railway Accounts Academy Quetta has stated that in turn of these facilities the officers of the Railway Administration are trained at the expenses of the Academy without charging any fee. The Director has further stated that the Academy pays the rent of the Academy Building to the Railway. As the Academy is Central Government concern therefore the present application is not maintainable. Conse--quently the same stands dismissed.

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