DECISION ' This is an application under section 38(3-a) of I.R.O., 1969, invoking the suo motu jurisdiction of this Tribunal with prayer to examine correctness, legality and propriety of the order dated 11-10-1989, passed by learned Presiding Officer, Sindh Labour Court No, VII at Sukkur in grievance Petition No, 26 of 1989.
2. I have heard Mr. Manzar Alam, learned Advocate for the applicants and Mr. Syed Tauqir Hasan, learned counsel for the respondent.
3. The applicant raised a preliminary objection before the learned Labour Court that the Labour Court had no jurisdiction to adjudicate the grievance petition of the respondent who was an employee of `WAPDA'. The objection was rejected by the learned Labour Court on the ground that it required recording of evidence to find out as to whether the amendment in West Pakistan Water and Power Development Authority Act, 1958 (X0U of 1958) was applicable only to the Water and Power Development Authority and not to the 'SCARP' and secondly whether the `Chowkidar' was included in the definition of Security Staff.
4. Under the West Pakistan Water and Power Development Authority Act, 1958 (WAPDA) an 'Authority' was established under section 3 of the Act for carrying out the purposes of the Act. By Ordinance (LXXXVI of 1975) dated 30-9-1975 subsection (1-B) was added to section 17 of the said Act of 1158 which reads as under:- "(1-B). Service under the Authority is hereby declared to be service of Pakistan and every person holding a post under the Authority, not being a person who is on deputation to the Authority from any province, shall be deemed to be a civil servant for the purposes of the Service Tribunals Act, 1973 (LXX of 1973)."
' By another amendment introduced by Ordinance LXXII of 1979, dated 29-12-1979 subsection (1-C) was added to section 17 in the following words:- "(1-C)---Any order of removal or termination of service passed by the Authority, in exercise of the powers conferred by subsection (1-A), shall not be called in question in any proceedings taken under the Industrial Relations Ordinance, 1969 (XXIII of 1969), or the Essential Services (Maintenance) Act, 1952 (LIII of 1952), or under any law for the time being in force, before any Court, Tribunal or Commission and any order passed by any Court, Tribunal or Commission after the thirtieth day of September, 1975, and before the coming into force of the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1979 setting aside or modifying or declaring any order of the authority to be void and of no effect, shall stand. Vacated."
5. The import of these two subsections viz. Section 17(I-B) and section 17(I-C) was considered at length by their Lordships in number of appeals disposed of by a single decision reported in 1986 SCM R 18. Their Lordships held the Service Tribunal alone had jurisdiction to adjudicate with regard to terms and conditions of WAPDA employees as from 30-9-1975 jurisdiction of all other Courts, Tribunals, Commissions was affected by Section 17(1-C).
6. In the case of Muhammad Latif Bhatti v. The Chairman, Area Electricity Board, Gujranwala (1987 SCM R 1936) the petitioner obtained relief from the Labour Court under section 25-A of I.R.O., 1969 but in Constitution petition the learned High Court held that the petitioner having been declared `civil servant', interference by the Labour Court was, therefore, without jurisdiction. The petitioner thereafter, moved the Service Tribunal, which also dismissed the petition of the petitioner on the ground that requirement of first proviso to section 4(1) of Service Tribunal Act, 1973 had not been satisfied. The Hon'ble Supreme Court upheld, the decision of the Service Tribunal.
7. The respondent in his grievance petition before the learned Labour Court had made the Chairman, WAPDA as a party implying thereby that SCARP Project, wherein he was employed, was a part and parcel of the WAPDA' Organisation. He would, therefore, be an WAPDA employee and.
Would be covered by the provision of section 17(1-B) which declares every person holding a post under the Authority and not being a person who is on deputation to the Authority shall be deemed to be a 'civil servant' for the purpose of Service Tribunal Act, 1973. Their Lordships in the aforementioned decision reported in 1986 SCM R 18 have observed that by enactment of subsection (1-B) to section 17 to the West Pakistan Water and Power Development Authority Act, 1958, "an exclusive beneficial remedial forum was made available to all such employees in respect of terms and conditions of their employment, and therefore, under Constitutional provision Article 212(2) all proceedings pending else where abated and none could be entrertained elsewhere".
8. In view of the above legal position the Revision Application is allowed. The impugned order is set aside and it is held that the grievance application A stands rejected as its entertainment by Labour Court was barred by law.