' MUHAMMAD ZAMAN QURESHI (CHAIRMAN).---We propose to dispose of this appeal filed by Karachi Port Trust (KPT.) Labour Union, C.B.A. against the Board of Trustees of Karachi Port Trust through this order which has arisen from the order passed by Mr. Ghulam Nauman Sheikh, Member, N.I.R.C., Karachi on 8-10-1997 dismissing the petition of the appellants in limine for lack of jurisdiction.
2. In support of the appeal the learned counsel for the appellant vehemently argued that 128 workers who were members of the appellant union and employed on loading and unloading, fall within the definition of workman under the Workmen's Compensation Act and, therefore, are excluded from the definition of civil servant under the Service Tribunals Act, 1973. Even after the insertion of section 2-A in the Service Tribunals Act, no remedy is available to the appellants before the Federal Service Tribunal. The Single Bench wrongly dismissed the petition fi1ed by the appellant under section 22-A(8)(g) of the Industrial Relations Ordinance, 1969 based on the allegation of unfair labour practice. Relying on 1997 SCMR 1128 the learned counsel for the appellant further stated that the Hon'ble Supreme Court of Pakistan had held that "workman" is a distinct category from the civil servants.
3. He further said that under section 4 of the Service Tribunals Act, 1973, an appeal can only be filed against an order and no remedy is available to a worker before that Tribunal when a threat of dismissal or removal from service, or transfer or threat to injure in respect of his employment is given to him or he apprehend disciplinary action on account of his being a member or officer of a trade union resulting into unfair labour practice within the ambit of section 15 of the I.R.O., 1969. The only competent forum to hear such cases of workmen is National Industrial Relations Commission, as held by the Hon'ble Supreme Court of Pakistan in the reported judgment PLD 1988 SC 53. It was urged that the respondent intended to terminate 128 workers and had also not paid their wages due to their lawful trade union activities. An application under section 22-A(8)(g) of the I.R.O., 1969 based on the allegation of unfair labour practice, was filed in the N.I.R.C. alongwith an application under Regulation 32(2) of National Industrial Relations Commission (Procedure and Functions)
Regulations, 1973 to direct the respondents to refrain from committing further acts of unfair labour practice and not to pass any order removing the workers from service. Federal Service Tribunal had no jurisdiction to hear such matters and hence the impugned order was unsustainable in the eyes of law.
4. Mr. Mahmood Abdul Ghani, the learned counsel for the respondents, however, strongly urged that admittedly Karachi Port Trust (KPT) was an Organisation established and controlled by the Federal Government and in view of insertion of section 2-A in the Federal Service , Tribunal Act, all its employees whether worker or not, could only seek remedy before the Federal )e Service Tribunal and in no other forum. In support of his contention he lied on unreported judgment given by the Full . Bench of the Karachi High Court and also judgment given by the Lahore High Court in WAPDA's case. The learned counsel for the respondent further stressed that the union could not espouse the cause of the workers and in support of his arguments relied on 1992 SCMR 26, 1984 PLC 1359, 1986 PLC 1,
5. We have considered the arguments very anxiously, perused the impugned decision carefully and gone through the various authorities referred before us as well as the relevant legal provisions.
6. To form unions is fundamental right guaranteed to every citizen under Article 17(1) of the C tuition of Islamic Republic of Pakistan, 1973 which reads as under:--'
"174. Freedom of Association.---(1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.
' The right of employees to self-organization, to form, to join or assist labour organizations and to bargain collective through the representatives of their own choice and to engage in concerted activities for the purpose of collective bargaining or other mutual aid, is fundamental right. (AIR 1962 SC 171, 263 and 1993 SCMR 1837), This right will, however, be subject to such laws which might be framed from time to time.
7. The words "subject to reasonable restrictions" used in clause (1) of Article 17 of the Constitution of Islamic Republic of Pakistan do not admit IA and permit total denial of right to form unions. This provision came under consideration of the Hon'ble Supreme Court of Pakistan in Civil Appeal No,635 of 1994--Civil Aviation Authority v. Union of Civil Aviation and it was held that clause (1) of the Article 17 of the Constitution protects the right of every citizen to form an association or a union subject to any reasonable restrictions imposed by law. The object of a trade union is to engage in collective bargaining. The Industrial Relations Ordinance, provides an exhaustive mechanism for the formation, registration and operation of the union. It also piovides the procedure as to how a C.B.A. on behalf of workers is to be elected and in what manner a .charter of demand can be raised by the employees, how it has to be negotiated and in case of failure to arrive at an amicable settlement between the employer and employees what coercive steps the employees can take and several protections are given to the officers and members of the C.B.A./trade unions. It also caters for the hierarchy for resolving the industrial dispute. A registered trade union is a legal entity and the C.B.A. can enter into a binding settlement with the employer. Any change in the membership will not affect its legal status.
8. In order to amend and consolidate the law relating to the formation of trade unions, the regulation of relations between employer and workmen and avoidance and settlement of any differences or disputes arising between them or matters connected therewith and ancillary thereto, Industrial Relations Ordinance, 1969 was promulgated on 13-11-1969. Section 3 of the Ordinance provides, "Workers without distinction whatsoever, shall have the right to establish, subject only to the rules of the organisation concerned, to join association of their own choosing without previous authorization". The 'law also lays down the procedure for functioning of the union and association of employers, registration of such trade union/associations, to raise industrial dispute etc. It also provides protection of service conditions etc. to the officers and members of the trade unions for participation in the promotion, formation or activities of a trade union etc.
9. "Industrial dispute" has been defined in section 2(xiii) of the I.R.O., 1969 which reads as follows: "Industrial dispute means any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen, which .is concerned with the employment or non-employment or the terms of employment or the conditions of work of any person; and is not in respect of the enforcement of any right guaranteed or secured to him by or under any law, other than this Ordinance, or any award or settlement for the time being in force'."
10. Sections 5, 6 and 7 of the Ordinance lay down the requirement for application for registration of a trade union. Section 8-A provides protection to the officers of the trade union during the pendency of application for registration, which is to the following effect: "8-A. "Transfer. etc. of officers of trade union during pendency of application for registration.--Save with the prior permission of the Registrar, no officer of a trade union or workman shall be transferred, discharged, dismissed or otherwise punished during the pendency of an application for registration of the trade union with the Registrar, provided that the union has notified the names of the officers to the employer in writing."
' Besides the above, section 15 of the I.R.O., 1969 provides further protection to the workers as under:-- "15.Unfair labour practices on the Dart of the employers.---(1) No employer or trade union of employers and no person acting on behalf of either shall --
(a) impose any condition in a contract of employment seeking to restrain the right of a person who is a party to such contract to join a trade union or continue his membership of a trade union, or
(b) refuse to employ or refuse to continue to employ any person on the ground that such person is or is not, a member or officer of a trade union, or
(c) discriminate against any person in regard to any employment, promotion, condition of employment or working condition on the ground that such person is or is not, a member or officer of a trade union, or
(d) dismiss, discharge, remove from employment or transfer or threaten to dismiss, discharge or remove from employment or transfer a workman or injure or threaten to injure him in respect of his employment by reason that the workman--
(i) is or proposes to become, or seeks to persuade any other person to become, a member or officer of a trade union, or
(ii) participates in the promotion, formation or activities of a trade union,
(e) induce any person to refrain from becoming, or to cease to be a member or officer of a trade union, by conferring or offering to confer any advantage, on, or by procuring or offering to procure any advantage for such person or any other person.
(f) compel or attempt to compel any officer of the collective bargaining agent to arrive at a settlement by using intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection of water, power and telephone facilities and such other methods.
(g) interfere with or any way influence the balloting provided for in section 22; or
(h) recruit any new workman during the period of a notice of strike under section 28 or during the currency of a strike which is not illegal except where the Conciliator, has being, satisfied that complete cessation of work is likely to cause serious damage to the machinery or installation, permitted temporary employment of a limited number of workmen in the section where the damage is likely to occur;
(i) close down the whole of the establishment in contravention of Standing Order 11-A of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (West Pakistan Ordinance No, VI of 1968); or
(j) commence, continue, instigate or incite others to take part in, or expand or supply money or otherwise act in furtherance or support of, an illegal lock-out.
(2) Nothing in subsection (1) shall be deemed to preclude an employer from requiring that a person upon his appointment or promotion to managerial position shall cease to be, and shall be disqualified from being, a member or officer of a trade union of workmen."
' Similarly, the employer has been protected under section 16 of the I.R.O., 1969 as follows:-- "16. Unfair labour practice on the part of workmen.---(1) No workman or other person or trade union of workmen shall--
(a) persuade a workman to join or refrain from joining a trade union during working hours, or
(b) intimidate any person to become, or refrain from becoming, or to continue to be or to cease to be a member or officer of a trade union, or
(c) induce any person to refrain from becoming, or cease to be a member or officer of a trade union by intimidating or conferring or offering to confer any advantage on or by procuring or offering to procure any advantage for such person or any other person, or
(d) compel or attempt to compel the employer to accept any demand by using intimidation, coercion, pressure, threat, confinement to, or ouster from a place, dispossession, assault, physical injury, disconnection of telephone, water or power facilities or such other methods,
(e) commence, continue instigate or incite others to take part in or expend or supply money or otherwise not in furtherance or support of an illegal strike or a go slow."
11. Under section 22 of the I.R.O., 1969 a procedure has been laid down to certify the trade union to be the collective bargaining agent for such establishment or group. On such certification the collective bargaining agent. also assumes certain powers under section 22(12) of the Ordinance, reproduced hereunder:-- "The collective bargaining agent in relation to an establishment or group of establishment shall be entitled to --
(a) undertake collective bargaining with the employer or employers on matters connected with employment, non-employment, the terms of employment or the conditions of work; other than matters which relate to the enforcement of any right guaranteed or secured to it or any workman by or under any law, other than this Ordinance, or any award or settlement;
(b) represent all or any of the workmen in any proceedings;
(c) give notice of, and declare, a strike in accordance with the provisions of this Ordinance; and
(d) nominate representatives of workman on the Board of Trustees or any welfare institutions or Provident Funds, and of the Workers' Participation Fund established under the Companies Profits (Workers' Participation) Act, 1968 (XII of 1968)."
12. Under section 22-A(8)(g) of the I.R.O., 1969 it is one of the functions of the National Industrial Relations Commission to adjudicate and determine an industrial dispute, to register industry-wise trade unions, federation of such trade unions and federations at the national level; to determine the Collective Bargaining Agent; to try offences punishable under section 53 and any other sections; to deal with cases of unfair labour practice specified in sections 15 and 16 of the I.R.O., on the part of the employers, workmen, trade unions or either of them or persons acting on behalf of any of them, in the manner laid down under section 25-A or section 34 or the Regulations made under section 22-F and to take measures calculated to prevent an employer or workmen from committing unfair labour practice.
13. Under section 26 of the I.R.O., 1969 the employer as well as the C.B.A. have been authorised to serve the charter of demands (raise an industrial dispute) and several stages have been laid down for bilateral negotiations to reach a settlement. If the C.B.A. and the management fail to reach a settlement, a notice of lock-out or strike, as the case may be, is given under subsection (3) of section 26 read with section 28 of the I.R.O., 1969. If no settlement is arrived at between the parties to the dispute, the workmen may go on strike or as the case may be, the employer may declare lock-out. Under section 32(1-A) the parties raising a dispute may at any time make an application to Labour Court to adjudicate upon the dispute. Under section 34-A, the federation of industry-wise trade unions or a federation at the national level may raise an industrial dispute. Section 41 lays down the time when the conciliation proceedings shall be deemed to have commenced and the time when these will conclude. During pendency of such proceeding again certain protections have been provided under section 47 of the I.R.O., 1969, reproduced below:--
47. 'Conditions of service to remain unchanged while proceedings pending.---(1) No employer shall while any conciliation proceedings or proceedings before an Arbitrator, a Labour Court or Tribunal in respect of an industrial dispute are pending, alter to the disadvantage of any workman concerned in such dispute, the conditions of service applicable to him before the commencement of the conciliation proceedings or of the proceedings before, the Arbitrator, the Labour Court or Tribunal, as the case may be, nor shall he-
(a) Save with the permission of the Conciliator, while any conciliating proceedings are pending, or
(b) save with the permission of the Arbitrator, the Labour Court or Tribunal, while any proceedings before the Arbitrator, Labour Court or Tribunal are pending, discharge, dismiss or otherwise punish any workman except for misconduct not connected with such dispute.
(2) Notwithstanding anything contained in subsection (1) an officer of a registered trade union shall, not, during the pendency of any proceedings referred to in subsection (1) be discharged, dismissed or otherwise punished for misconduct, except with the previous permission of the Labour Court."
14. The National Industrial Relations Commission under section 22-A(8) (g) read with section 22-B (3)(a) of the I.R.O., is competent to hear cases based on allegations of unfair labour practice (PLD 1988 SC 53). It can also restrain the employer as well as the workmen, as the case may be, to refrain from committing further acts of unfair labour practice laid down under sections 15 and 16 of the Ordinance under Regulation 32 of the National Industrial Relations Commission (Procedure & Functions) Regulations, 1973 which is reproduced for convenience of reference: "Manner of dealing with unfair labour practice:-
(1) Where an unfair labour practice has been committed, and the case falls under section 25-A, section 34 or section 53, as the case may be, the Commission may deal with the case under that section:- ' Provided that the Commission while awarding punishment under section 53, may also direct the reinstatement of a worker and allow consequential benefits to him.
(2) Where a case of unfair labour practice is likely to occur, the Commission may take the following measures, namely:-
(a) it may summon all or any of the persons connected with the case which is likely to occur, hereafter in this chapter referred to as the connected persons, hear them and hold such enquiry as it deems fit;
(b) ascertain the factors which are likely to give rise to unfair labour practice;
(c) advise, direct or prohibit all or any of the connected persons to do or refrain from doing any act or to conduct themselves or their affairs by a manner calculated to avoid occurrence of unfair labour practice;
(d) reprimand or warn all or any of the connected persons that if they conducted themselves in any improper way it would be deemed to be in furtherance of the commission of an offence punishable under section 53; and
(e) initiate security proceedings in order to prevent the occurrence of an unfair labour practice.
(3) Where a person whom the Commission has reprimanded or warned under sub-Regulation (2) commits an unfair labour practice, the Commission may consider, for the purpose of awarding punishment under section 53, the reprimand or warning as a circumstance aggravating the offence."
15. The Commission can also prohibit the strike or lock-out under section 45 of the I.R.O., 1969.
Punishment can also be awarded under section 53 of the I.R.O. for contravention of provisions of section 8-A, sections 15, 16 and section 47-A of I.R.O., 1969.
16. Under the Industrial Relations Ordinance remedy has been provided to workers, employers, collective bargaining agent under sections 25-A and 34 for enforcement of any right guaranteed or secured under any law or any award or settlement. Under section 22-A(8)(g) most of the petitions based on allegations of unfair labour practice are filed in the National Industrial Relations Commission by the workmen, trade unions as well as employer to restrain the other party from committing further acts of unfair labour practice and not to take any apprehended action contrary to the provisions of law. It is alleged in such petitions that officers/members of the union are being victimised on account of their lawful trade union activities. Similarly employers file petition before the National Industrial Relations Commission against the officers and members of the trade union/C. B. A. on the allegations of unfair labour practice seeking direction to restrain union members from going on strike or refrain from committing acts of unfair labour practice as laid down under section 16 of the I.R.O. The only remedy available is before the National Industrial Relations Commission. It will be a strange proposition that although the employer will have the remedy against workers employed in the establishment before the N.I.R.C., but the union/members of the union should be referred to the Federal Services Tribunal, which will be a clear discrimination and in violation of Article 25(1) of the Constitution, which provides that citizens are equal before law and entitled to equal protection of law.
17. C.B.A. Unions file petitions under section 25-A, section 34, section 22-A(8)(g) as well as raise industrial disputes in accordance with the provisions of law. During pendency of those proceedings, in order to seek protections as provided to the officers and members of the trade unions under the law referred above, National Industrial Relations Commission is approached for interim injunction against apprehended action.
18. Another example which can be quoted in this respect is of those workers who form a trade union and apply for its registration. At the same time, they file a petition in the National Industrial Relations Commission based on allegations of unfair labour practice apprehending adverse order and seeking restraint order against employer not to act in contravention of section 8-A of the Industrial Relations Ordinance, 1969.
19. Again, while a strike notice (Charter of Demand) is pending before the Conciliator or the Labour Court/N.I.R.C., the Collective Bargaining Agent/union can seek remedy under section 34 read with section 22-A(8)(g) of the I.R.O. for appropriate orders to get protection as provided under section 47.
20. Similarly, when a dispute is filed before the Labour Court/N.I.R.C. under section 32(1-A) or section 34-A of the Industrial Relations Ordinance, for adjudication, the National Industrial Relations Commission is also approached under section 22-A(8)(g) for grant of a restraint order.
21. Another typical example would be of cases were retrenchment contrary to the provisions of section 11-A of the West Pakistan Industrial and Commercial Employment (Standing Orders)
Ordinance, 1968 is apprehended and which is unfair labour practice under section 15 of the I.R.O., 1969. Workers likely to be affected approach directly or through trade union under section 22-A(8)
(g) of I.R.O. A separate application seeking directions under Regulation 32(2) of the National Industrial Relations Commission (Procedure & Functions) Regulations, 1973 to restrain the employer from committing further acts of unfair labour practice and refrain from making retrenchment, is also filed.
22. Let us take another example of a worker who is dismissed, retrenched, removed from service in contravention of the provisions of the above Ordinance. He filed a complaint under section 53 of the I.R.O., 1969 seeking conviction and reinstatement. It has been held by the Lahore High Court in PLD 1976 Lahore 611, that while convicting an accused reinstatement can be ordered. Similar provision is also made in Regulation 32 of the National Industrial Relations Commission (Procedure & Functions) Regulations, 1973. This view was also taken in 1984 PLC 1645. The power to convict upon section 53 of the I.R.O.. is with the N.I.R.C. created under the Industrial Relations Ordinance, 1969. Section 53 reads as under:-- "53. Penalty for Unfair Labour Practices.---(1) Whoever contravenes the provisions of section 8-A shall be punishable with imprisonment which may extend to three years, or with fine which may extend to two thousand rupees or with both.
(1-A) Whoever contravenes the provisions of section 15 shall be punishable with imprisonment which may extend to four years or with fine which may extend to ten thousand rupees or with both.
(2) Whoever contravenes the provisions of section 16, other than those of clause (d) of subsection
(1) thereof shall be punishable with imprisonment which may extend to three years, or with fine may extend to five hundred rupees or with both.
(3) An officer of a trade union, a workman or person other than a workman, who contravenes, or abets the contravention of, the provisions of clause (d) of subsection (1) of section 16 shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to two thousand rupees, or with both.
(4) Where the person accused of an offence under subsection (3) is an officer of a trade union the National Industrial Relations Commission may, in addition to any other punishment which it may award to such person under that subsection, direct that he shall cease to hold the office of such officer and be disqualified from holding any office in any trade union during the term immediately following the term in which he so ceases to hold office.
(5) Whoever contravenes the provisions of section 47-A shall be punishable with imprisonment which may extend to three years, or with fine which may extend to two thousand rupees, or with both.
(6) Nothing in this Ordinance shall be deemed to exclude the jurisdiction of a Labour Court, or the Court of a Magistrate to try a case under this section if it is authorised to do so by a general or special order of the Commission.
(7) Notwithstanding anything to the contrary contained in any law, custom, usage, constitution of a trade union, memorandum and articles of association of a company or agreement, no fine paid or payable due to conviction under this Ordinance shall be debatable against the accounts of any establishment."
'In all the above proceedings the real beneficiary is naturally the employees who are members and officers of the trade union/C.B.A. Several other examples of similar nature can be quoted.
23. However, with a view to find out if any remedy in above types of cases can be sought from the Federal Services Tribunal, it will be appropriate to consider the relevant provisions. Article 212 of the Constitution reads as follows:-- "Article 212. (1) Notwithstanding anything hereinbefore contained, the appropriate legislature may by Act (provide the establishment of) one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of --
(a) Matters relating to the terms and conditions of persons who are or have been in the service of Pakistan, including disciplinary matters;
(2) Notwithstanding anything hereinbefore contained where any Administrative Courts or Tribunal is established under clause (1) no other Court shall grant an injunction make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Courts or Tribunal extend and all proceedings in respect of any such matter which may be pending before such other Court immediately before the establishment of the Administrative Court or Tribunal other than an appeal pending before the Supreme Court shall abate on such establishment;
24. The above Constitutional provision empowered the legislature to establish a Tribunal to exercise exclusive jurisdiction in respect of matters relating to the terms and conditions of persons who are or have been in the service of Pakistan including disciplinary matters. Sub-Article (2) of Article 212 further provides that where any Administrative Tribunal is established, no other Court shall grant an injunction, make any order or entertain any proceeding in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extend. It will now be relevant to lay down section 2-A and 4 of Services Tribunal Act:-- ' Section 2-A.
"Service under certain Corporation, etc. to be service of Pakistan.---Service under any authority, corporation, body or organisation establishment by or under a Federal law or which is owned or controlled by the Federal Government or in which the Federal Government has a controlling share or interest is hereby declared to be service of Pakistan and every person holding a post under such authority, corporation, body or organisation shall be deemed to be a civil servant for the purposes of this Act." Section 4.
"Appeal to Tribunals.---Any civil servant aggrieved by any order, whether original or appellate, made by a departmental authority in respect of any of the terms and conditions of his service may, within thirty days of the communication of such order to him, or within six months of the establishment of the appropriate Tribunal, whichever is later, prefer an appeal to the Tribunal."
25. Certainly the scope of Federal Services Tribunal does not extend to the matters dealt with under the I.R.O. relating to the unions. Even after insertion of section 2-A, no remedy will be available under section 4 of the Services Tribunal Act in all the above eventualities nor its scope can be extended to bring within its encompass the matters mainly relating to the trade union activities of the workers employed in the various establishments. Merely by insertion of section 2-A in the Federal Services Tribunal Act the right of forming union and other collateral rights flowing therefrom have not been prohibited and the union and the C.B.As. are functioning as before. In order to protect the rights available to the officers and members of such trade unions and other workers of the trade union (let us say now civil servants) the various remedies under the I.R.O. can still be invoked by the aggrieved persons.
26. Further, under section 4, an appeal can be filed by a civil servant against:--
(i) an order made by a departmental authority,
(ii) Whether original or appellate
(iii) in respect of any terms and conditions of employment; as laid down by law or prescribed by departmental rules/regulations. If no order is passed by a departmental authority and a threat to dismiss, discharge, remove from employment or transfer or threat to injure in respect of employment is apprehended by a workman, no appeal would be competent before the Federal Services Tribunal. Similarly, if an order is passed by a departmental authority hi respect of matters other than relating to the terms and conditions of employment, again no appeal will be competent before the Services Tribunal. Again, if an order is passed by an authority which is not the departmental authority of the workman/civil servant in that case too, no appeal will be competent before the Federal Services Tribunal. Where an order has not yet been passed in respect of terms and conditions and a threat is extended, or it is apprehended that an order shall be passed contrary to the provisions of I.R.O., 1969, where a direction is sought to restrain the employer to refrain from violating the provisions of Industrial Relations Ordinance and committing further acts of unfair labour practice in contravention of the provisions of section 15/16 of the I.R.O., 1969 as well as section 8-A read with section 47 of I.R.O., 1969, the trade union/C.B.A./worker/employer cannot file an appeal before the Federal Services Tribunal and the only remedy available on the allegations of unfair labour practice will be to approach N.I.R.C. under section 22- A(8)(g) of the I.R.O., 1969 read with Regulation 32(2) of the N.I.R.C. (Procedure & Functions) Regulations, 1973. (PLD 1988 SC 53). No jurisdiction vests in Federal Services to adjudicate above described matters relating to the formation etc. of the unions. The bar under Article 212 is, thus, not attracted in such matters.
27. The various protections provided under the Industrial Relations Ordinance to the officers and members of the trade union, some of which are enumerated above, do not fall within their terms and conditions of service. On the contrary, restrictions are imposed on the powers of the employer in order to safeguard the fundamental and legal rights of the workers who join association/unions and participate in the formation, promotion and activities of the union, collective bargaining and other allied activities. No Administrative Tribunal created under the law is vested with jurisdiction for that purpose. The Federal Services Tribunal is created for civil servants to provide them a remedy of appeal against an order, original or appellate, issued by a departmental authority in respect of terms and conditions of service. Those terms and conditions of service are contained in the letters of appointment and the rules framed from time to time. The provisions of the Industrial Relations Ordinance cannot be said to be the terms and conditions of service of civil servant. They on the contrary deal with altogether a different rights of citizens to form unions as enshrined in Article 17(1) of the Constitution read with the Industrial Relations Ordinance, 1969 and other laws.
28. After analyzing the various provisions we are of the view that in all the above situations and in many more similar situations, no appeal under section 4 of the Federal Services Tribunal Act can be filed especially by the trade unions/C.B.As./employer in spite of insertion of section 2-A in the Services Tribunal Act. Therefore, a line shall have to be drawn in each case in the light of the facts and circumstances of each case to determine the jurisdiction. We are of the opinion, that in the present case the impugned order is not sustainable and accordingly it is set aside. The case is remanded to the Single Bench for fresh decision in accordance with law.