' The appellant Mr. A. Z. A bbasi, retired, Overseer of Electricity Wing of WAPDA filed application under section 25-A of the Industrial Relations Ordinance before the Junior Labour Court No, 2, Lahore against the the Chairman, WAPDA, Managing Director (Power PDA) and Chie Engineer (Grid System Construction) claiming wages for the period from 3rd May 1972 to 15th June 1973. He contended that having reached the 55 years he was made to proceed on leave preparatory to retirement e. f. 14th November 1971. Subsequently on coming into force of the Interim Constitution of the Islaniic Republic of Pakistan the age of superannuation was raised to 58 years. He therefore reported for resumption of duty on 3rd May 1972. The Department failed to take any action regarding his posting till 14th May 1973. He was thus not paid for the period from 3rd June 1972 to 15th June 1973 and hence he filed the application under section 25-A before the learned lower Court.
2. This application of the appellant was resisted before the lower Court inter alia on the ground that on account of the amendment of Water and Power Development Authority Act, 1958 by Ordinance 16 of 1975 the appellant was deemed to be a public servant for the puposes of the Service Tribunals Act, 1973 and therefore the Junior Labour Court had no jurisdiction in the matter.
3. The aforesaid objection raised by the respondent found favour with the learned lower Court who by its order llth December 1975 concluded that the appellant's application has abated and the same was consequently dismissed. The appellant could seek redress before the Service Tribunal.
4. The said order has been impugned through the present appeal. This is correct that Ordinance 16 of 1975 which has come into force on 30th September 1975 has amended the West Pakistan Water and Power Development Authority Act, 1958. The effect of the amendment is that employees of WAPDA have become civil servants for the purposes of the Service Tribunals Act, 1973. They have become civil servants for this limited purpose w, e. f. 30th September 1975. In the present case the appellant has already retired and he has claimed pay for the period from 3rd May, 1972 to 15th June, 1973. It is therefore, to be seen as to what is the effect of the amending Ordinance on the present case. Under Article 260 of the Constitution any service could be declared to be service of Pakistan by or under any Act of Parliament or of a Provencal Assembly. Ordinance 16 of 1975 has done the same thing and has made service of WAPDA for the limited purpose of the Service Tribunals Act, 1970 to be civil service. A Service Tribunal is established under Article 212 of the Constitution. It is provided in the said Article that when a Tribunal is established no other Court shall make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such a Tribunal extends. Section 6 of the Service Tribunals Act, 1973 provides that all suits, appeals or applications regarding any matter with the jurisdiction of a Tribunal pending in any Court immediately before the commencement of this Act shall abate forthwith. Proviso to this section is to the effect that any party to such a suit, appeal or application may within 90 days of the establishment of the appropriate Tribunal prefer an appeal to it in respect of any such matter which is in issue in such suit, appeal or application.
5. The application before the learned Junior Labour Court was filed by the appellant when the Service Tribunals Act, 1973 had already come into force. This application is therefore clearly hit by the provisions of section 6 of the Service Tribunals Act, 1973 and is liable to abate leaving the appellant the remedy to file application before appropriate Tribunal in accordance with the proviso to section 6 ibid Similar view has been taken by the Lahore High Court in an unreported judgment it Re: Muhammad Saleem Khan etc. v. WAPDA (Writ Petition No, 1973-S of 1972 fled on 23rd October 1972), decided in December 1975.
6. In view of the above we find merit in this appeal, which is accordingly dismissed while the