' ABDUR REHMAN KHAN, J.---The above thirteen appeals with leave of this Court impugn the legality of the common judgment, dated 24-7-1996, of the learned N.-W.F.P. Service Tribunal (henceforth to be referred as Tribunal); whereby, while accepting the appeals moved by the private respondents the common order, dated 12-9-1994, impugned in all the said appeals, dispensing with the service of the respondents were set aside and consequently, they were allowed to continue in their service.
2. Leave in these appeals was granted in these terms:- "Learned counsel for the petitioner has argued that the respondents were contract employees and had been engaged for the purposes of the Water Supply Scheme for Lakki Marwat and they have no right in law to be retained or absorbed by the Municipal Committee, Lakki Marwat which comes under the Local Government Department and the Service Tribunal erred in allowing the appeal of the private respondents.
' After hearing learned counsel as well as learned Additional Advocate-General, N.-W.F.P., we are of the view that the contentions raised on behalf of the petitioner, which are supported by the learned Additional Advocate-General, require further consideration. Leave is, therefore, granted in all the 13 petitions."
3. The private respondents in these appeals were appellants before the Tribunal and they had been appointed as members of Operational Staff by Public Health Department in various capacities as the Operators, Volvemen and Chowkidar in connection with tubewells. After completion of the tube-wells the Health Department handed over these tubewells to the Administrator, Municipal Committee, Lakki Marwat (henceforth to be written as Committee). The Executive Engineer Of the Health Department by letter, dated 16-2-1995 also informed the Chairman, Municipal Committee, Lakki that since the Water Supply Scheme has been handed over to the Committee as such the Operational Staff already working in the said scheme would also be at the disposal of the Committee. The Committee, however, regretted the absorption of the staff as Committee employs on the following reasons:-- "The Operation Staff who has been appointed on contract basis by the P.H.E. Division Lakki were not taken over in charge by the Municipal Committee Lakki Marwat, on the plea that no such posts are exist/ created on the schedule of the establishment of the Municipal Committee, Lakki Marwat.
' At present the tubewells under reference are operated smoothly by the existing Water Supply Staff of the Municipal Committee, Lakki Marwat and no hindrance have been occurred on their parts.
' It is further pointed out that the financial position of the Municipal Committee Lakki is so limited that it cannot bear lavish and extra expenditure of salaries etc. Of the operational staff of the P.H.E.
Division Lakki.
' Therefore, on account of paucity of funds the negative reply, in your response from the hand of M.C. Lakki Marwat may kindly be regretted please."
4. The said members of the Operational Staff, through separate appeals, approached the Tribunal against the order refusing their absorption in the service of the Committee. These appeals were accepted through the impugned order and, accordingly, the Committee was directed to consider the private respondents as the members of their Staff.
5. The learned Additional Advocate-General Mr. Rashidul Haq Qazi, who appeared for respondents Nos.2 and 3, supported the appeals and argued that the private respondents, who had been appointed on contract, could neither be termed as civil servants nor they could approach the Tribunal for the redress of their grievance. He then referred to their appointment order, the relevant law and the written statement filed by the Government before the Tribunal to show that the objection regarding jurisdiction had been taken in the written statement. He also relied on "Alam Zeb Khan v. Commissioner, Afghan Refugees, N.-W.F.P., Peshawar and 2 others (1994 SCM R 546) to support his view-point. The learned counsel for the appellant also adopted these arguments. The learned counsel for the private respondents controverted these submissions as he was of the view that the Tribunal was legally competent to take cognizance of the matter and that the decision rendered by it was correct in all respects.
' The relevant portion of the appointing order, dated 21st April, 1993, is as under:-- "Your appointment will be purely on temporary basis as stop-gap arrangement on contract basis for any year extendable till your services are required by the Department for which then you will have to furnish a fresh agreement for the same.
' Your appointment as (on fixed pay) is liable to termination at any time, without any Notice and without assigning any reason during the period of contract appointment, if your work during this period is not found satisfactory."
Thus, there is no doubt about it that the private respondents were contract employees purely on basis. The definition of civil servant as given in North-West temporary Frontier Province Civil Servants Act, 1973 and section 2(b)(ii) specifically excludes a person employed on contract from the definition of civil servant. Moreover under section 11(ii) such a contract/temporary service is liable to termination on the initial or extended period of his employment. In any case the respondents being contract employees could not approach the Tribunal for the redress of their grievance and the Tribunal was also not competent, to entertain their appeals. As we accept these appeals for lack of jurisdiction of the Tribunal in the matter. Therefore, We avoid to dilate upon the merits of the respective stands of the parties lest that may prejudice either side in case of further litigation, if any, before any forum available under the law. Consequently, all the above-captioned appeals are accepted and the impugned judgments of the Tribunal are set aside, but with no order as to costs.