' AJMAL MIAN, CJ.---This is an appeal with the leave of this Court against majority judgment dated 22-2-1993 passed by the Federal Service Tribunal, Islamabad, in Appeal No,285(L) of 1991 filed by the appellant against the imposition of penalty of his removal from service under the Railway Service (Efficiency and Discipline) Rules, 1975 dismissing the same by the above majority view.
Leave to appeal was granted to consider whether Chief Inspector of Production in Loco Shop, Mughalpura, was a civil servant or a workman.
2. Ch. Fazie Hussain, learned Advocate Supreme Court appearing for the respondents has candidly pointed out an order of this Court dated 31-5-1995 in the case of Qazi Khaill-ur-Rehman v. Islamic Republic of Pakistan in Civil Petitions for Leave to Appeal Nos.95/L to 97/L of 1994. The above petitions were converted into appeal and the cases were remanded to the Service Tribunal with the direction to decide to matters after fresh bearing of their counsel on the ground that the learned Chairman while recording his opinion in support of one of the two Members of the original Bench of the Service Tribunal had not heard the petitioners. In the present case, it appears that the learned Chairman of the Tribunal did not issue any notice to the appellant nor to the respondent before recording his above opinion. In this view of the matter, the above judgment of this Court is in all four is applicable to the case in hand as has fairly and candidly submitted by Ch. Fazle Hussain, learned Advocate Supreme Court for the respondents. The impugned judgment is set aside and the case is remanded. There shall be no order as to costs.