DECISION This appeal arises from an order of the Fifth Sind Labour Court, Karachi whereby the grievance petition of respondent Muslameen for reinstatement was allowed and he was reinstated in service of Pakistan Postal Service Corporation with back benefits.
2. Mr. Muhammad Ahmed Siddiqui, Advocate for the appellant Chief Postmaster has argued that the respondent under the Pakistan Postal Service Corporation Ordinance, 1993 was a civil servant and the Labour Court had no jurisdiction to entertain his grievance petition under section 25-A of the I.R.O.
3. The respondent was appointed as a packer on 24-7-1993 in the Postal Department. The Ordinance above referred to came into force on 28th July, 1993. Under this Ordinance Chapter III, section 5 of Employees of Pakistan Post Office Department stood transferred to and became employees of the Corporation and the Corporation was, empowered to take disciplinary action against any such employee. Under section 34(3) of the Ordinance "service under the Corporation is declared to be service of Pakistan and every person holding a post under the Corporation, shall be deemed to be a civil servant for the purposes of the Service Tribunals Act, 1973".
4. Under section 3 of the Service Tribunals Act a person defined as worker under the Workmen's Compensation Act or the Factories Act would not be included in the definition of civil servant and he would continue to be a worker under the I.R.O. Under section 2(1)(n) number of persons are mentioned in the Schedule to be workers. Under clause (xiii) a person employed as an Inspector, mail guard service, or employed in any occupation ordinarily involving outdoor work in the Post and Telegraph Department would be a worker. But the respondent being a packer in the Postal Department is not included as he is not an outdoor worker. His case will therefore be excluded from the jurisdiction of the labour laws as the Service Tribunals have exclusive jurisdiction in respect of such matters pertaining to the terms and conditions of service of civil servants.
5. Thus Sind Labour Court No. V would not entertain the petition of Muhammad Muslameen.
6. The order of the Labour Court is, therefore, set aside and the appeal of the Chief Postmaster, Karachi is allowed. The back benefits deposited in this Tribunal may be refunded to the appellant after a period of thirty days.