' This appeal arises out of the order dated 1-4-1997 passed by Agha Salim Khurshid, learned Member of this Commission whereby in a petition under section 22-A(8)(g) of the Industrial Relations Ordinance, 1969 filed by the respondent/petitioner, the impugned transfer order dated 27-7-1996 was set aside and respondent (Appellant before this Bench) was directed to consider the case of the respondent for promotion.
2. During the arguments, the learned counsel for the appellant raised a preliminary objection about the jurisdiction of this Commission by arguing that respondent is a civil servant and relying upon the judgment of the Lahore High Court, Lahore in Writ Petition No.15465 of 1995, dated 25-6-1996 maintained by the Honorable Supreme Court of Pakistan vide judgment dated 27-6-1997, this Commission lacks jurisdiction to adjudicate upon the matter as it relates to the terms and conditions of service of the respondent who is Senior Store-Keeper and does not fall within the definition of workman either under the Workmen's Compensation Act or the Factories Act.
3. The learned counsel for the respondent refuted the above contentions and during lengthy arguments, tried to convince us that since it is a matter of unfair labor practice alleged by the respondent/petitioner, therefore, the Federal Services Tribunal has got no jurisdiction to adjudicate upon the matter in issue nor the same is vested with such powers under any law and it is the exclusive jurisdiction of the National Industrial Relations Commission as enunciated by the Supreme Court of Pakistan in PLD 1988 SC 53. He referred a number of authorities in support of his plea.
4. We may add here that in view of the latest judgment on the point in issue, passed by the High Court and maintained by the Supreme Court of Pakistan, we cannot go into the details of the points raised by the learned counsel for the respondent as we have to strictly follow the law laid down by the High Court and upheld by the Supreme Court. Consequently, the present appeal is accepted, the impugned order dated 1-4-1997 passed by the Single Bench is set aside and the petition filed under section D) of the Industrial Relations Ordinance, 1969 by the respondent/petitioner is hereby returned to the respondent for presentation before the proper forum. Parties are left to bear their own cost. The file be consigned to record after completing the formalities.