' ' This appeal is directed againt the order of the learned Presiding Officer, Labour Court, Peshawar, dated 29-1-1999 whereby the grievance petition under section 25-A, of the Industrial Relations Ordinance, 1969 (to be called the Ordinance hereinafter) filed by the appellant was dismissed as having abated.
2. The brief facts of the case are that the appellant was appointed as Mail Runner with effect from 9-9-1996 against leave vacancy for a period of Sixty Days vide Letter No,45/96-97, which was later on extended from time to time upto 30-4-1997. On the retirement of Mr. Bahaud Din, Mail Runner, appellant was appointed for a period of thirty days on ad hoc basis vide letter No,29/97-98. After the expiry of the said period, the appellant was appointed subject to the approval by the Departmental Selection Committee vide Letter No,29/97-98; dated 30-8-1997. He was served with notice, dated 14-4-1998 for termination .From service which was duly replied by him. He has terminated from service on 26-9-1998 on the ground that his appointment was made in contravention of Rules and therefore, the same was irregular
3. The appellant feeling aggrieved of the said order of termination, served a grievance notice on the employer as required under the law which was not responded, therefore, he invoked the jurisdiction of the Labour Court, Peshawar through grievance petition under section 25-A, of the Ordinance, for reinstatement is service with full back wages and benefits.
4. The respondent contested the petition. The learned Labour Court, while relying upon the judgment of this Tribunal, dated 23-2-1998, dismissed the grievance petition as having abated vide order, dated 29-1-1999 which is impugned herein.
5. Both the learned counsel for the parties were heard in support of their respective view points and record was also perused with their assistance.
6. It was argued by the learned counsel for the appellant that the Pakistan Postal Service Corporation has been converted into an attached Department of the Ministry of Communication 'Government of Pakistan of the Ministry of Communication Government of Pakistan with effect from 5-7-1996 vide Notification No,3(16)/92-PO(pt), dated 4-7-1996, therefore, the respondent department would not fall under any of the categories enumerated in the newely-added section 2-A, of the Service Tribunal Act, 1973 and as such the said provision has not application on the appellant's case. He further submitted that the appellant was employed as a Mail Runner and was performing outdoor duties, therefore, he was a workman within the meaning of section 2(ii) of the Workman's Compensation Act, 1923, who has expressly been excluded from the definition of a Civil Servant as given in section 2(iii) of the Civil Servant Act, 1973. It was next argued that the appellant was doing manual and clerical works and he had no power to hire and fire nor he was suptrvising the work and conduct of other employees. He was also not engaged in a matter connected with the administration of State, therefore, he could seek remedy before the Labour Court . For the redressal of his grievance.
7. On the other hand learned counsel for the respondents vehemently opposed the contentions of the learned counsel for the appellant and submitted that the appellant would be deemed to be civil servant by virtue of the provisions of newly added section 2-A for the purpose of the Service Tribunal Act, 1973, therefore, the learned Labour Court has rightly dismissed his grievance petition as having abated.
8. Admittedly, the status of the respondents corporation has been converted into an attached Department of the Communication Division, Government of Pakistan with effect from 5-7-1996 vide Notification No,3(16)/92-PO(pt), dated 4-7-1996, hence the question for determination is whether the respondent department falls within the purview of the newly added section 2-A, of the Service Tribunal Act, 1973 or not. It would be appropriate to reproduce herein the newly added section 2-A of the Service Tribunal Act, 1973 and the definition of a Civil Servant as defined in. Civil Servant Act, 1973:- ' Section 2-A ' Service under certain corporation, etc., to be service of Pakistan.
' Service under any authority, corporation, body or organization established by or under a Federal law or which is owned or in which 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 organization shall be deemed to be a civil servant for the purposes of this Act.
' Section 2. 'Civil Servant' means a person who is a member of an All Pakistan Service or of a civil service of the Federation, or who holds a Civil Post in connection with the affairs of the Federation, including any such post connected with defence, but does not include:-- (i)............................. (ii).............................................
(iii) A person who is a "worker" or "workman" as defined in the Factories Act, 1934 (XXV of 1934) or the Workman's Compensation Act, 1923 (VIII of 1923).
9. The bare reading of the above-quoted provisions of law would manifest that service under any authority, corporation, body or organization established or controlled by a Federal Government or in which Federal Government has a controlling share would be a service of Pakistan and every person holding a post under said authority, corporation, body or organization would be deemed to be civil servant for the purpose of Service Tribunal Act, 1973, and the persons who are workmen within the meaning as given in the Factories Act/Workmen's Compensation Act, who have been excluded from the application of civil servant Act would not be effected by the newly added amendment and they would remain as workman. Pakistan Postal Service Corporation was converted into attached department of Ministry of Communications vide Notification No,3(16)/92/PO(pt), dated 4-7-1996, and thus, is not an Authority, Corporation, body or organization of the Federal Government but is an attached Department of the Ministry of Communications which is exclusively controlled and turn by the Federal Government, therefore, section 2-A, of the Service Tribunal Act, 1973 would not apply to the Postal employees after conversion of corporation into an attached department. The question whether the appellant is a workman or not under the labour law still require determination by the Labour Court, who after recording of the evidence of the parties should determine the status of the appellant.
10. The nutshell of the above discussion is that the instant appeal is accepted and the impugned order of the learned Labour Court, dated 29-1-1999 is set aside and the case is remanded to him for decision on merits in accordance with law. No order as to costs.