1. DECISION This appeal by the District Manager, Karachi Transport Corporation is directed against the order of Fourth Sind Labour Court, Karachi allowing the grievance petition of one Abdul Razzaq helper in the K.T.C. And directing his reinstatement in service with full back benefits.
2. The brief facts are that Abdul Razzaq was employed by this Corporation as a helper on 27-11-1991.
3. He did not do his duties. So, on 4-12-1991 he was charge-sheeted and an inquiry was held against him. He was found guilty of misconduct and dismissed from service. The learned Labour Court held that his absence was due to illness for which the Medical Certificate had been produced and reinstatement of the helper was, therefore, ordered with back benefits.
4. While this appeal was pending, the Sind Services Tribunal Amendment Act, 1994 came into effect and the servants of the Corporation became civil servants unless they were workers within the meaning of Workmen's Compensation Act under Schedule II attached to Workmen's Compensation Act. Under clause (xxviii) persons employed as drivers, cleaners, conductors and checkers, by Road Transport Services of a Corporation would continue to be regarded as workman and the I.R.O. And Standing Orders will continue to apply to such workers.
5. But in the present, case the person concerned is a helper in the Workshop, and he does not fall under the description of the category of workers mentioned in the Workmen's Compensation Act.
6. Under the Services Tribunal Amendment Act all suit appeals or applications pending in any Court before the commencement of Sind Services Tribunal Amendment Act, 1994 shall abate. The aggrieved party can prefer appeal within three months before the Services Tribunal. The Labour Court Appellate Tribunal has no jurisdiction to deal with the present appeal as under the law the respondent is deemed to be a civil servant and the appeal against him abates.
7. H.B.T./74/Lb.S Appeal abated