JUDGMENTAMIR ALAM KHAN, J. - This order will dispose of writ petitions Nos. 371. 368, 362, 24996.
24985, 23567 and 29007 of 1997 as common questions of facts and law are involved therein.
2. The respondents in the writ petitions, noted above are employes of Railways and all of them have challenged the various orders passed by the Railway Administration by filing a grievance petition before the N.I.R.C, on the ground that they are being victimised because of their trade union activities, hence the Railway Administration is committing unfair labour practice. In all matters of the writ petitions noted above either an interim order or final order has been passed by a learned Single Member of the N.I.R.C, or on appeal, the same has been confirmed by the Full Bench of the N.I.R.C. The s of the N.I.R.C, has been assailed in the present writ petition on the ground of jurisdiction. The main attack of the learned counsel for the petitioner that the railway lines have been declared - as 'M.O.D. Lines' and that in view of the newly added Section 2-A in the Service Tribunal Act, 1973, the N.I.R.C, has absolutely no jurisdiction to entertain and decide such a matter. In support of their above said arguments, the learned counsel for the petitioners have relied on notification of the Government dated 18.10.1993 whereby the railways lines being essential to the defence services of Pakistan during the peace and war were classified as "MOD Lines", therefore, they are excluded from the purview of National Industrial Relations Ordinance, 1969. Clause A of sub-section (3) of Section 1 of the I.R., Ordinance, 1969 to state that provisions of this section would not be applicable to any railway employees employed in connection with "MOD Lines" or any installation connected therewith or incidental thereto including installation such as sheds, washing lines, sick lines etc. The railway employees have been further advised in the said notification not to take part in trade union activities or otherwise they would be liable for all legal and disciplinary action as provided tinder the law and the Statutory Rules. Insofar as Section 2-A of Act LXX of 1973 is concerned the provisions thereof are relied to contend that the exclusive jurisdiction in the matters relating to Railway is now vested in the Federal Service Tribunal of Pakistan. It would be noted that Section l(3)(a) of the I.R. Ordinance, 1969 ordains that the I.R. Ordinance, 1969 shall not apply to the police or any of the defence services of Pakistan or any service or installation connected with or incidental to the armed forces of Pakistan in
3. In view of the above, these petitions are allowed leaving the parties to bear their on costs.