' This is an appeal against the decision dated 16-12-1976 of Punjab Labour Court No, 3 (Now No, 4), Lyallpur.
2. Mohammad Ashraf, respondent was employed as a Conductor in Government Transport Service, Lyallpur. He was dismissed from service on 21-10-1976. He filed a petition under section 25-A of Industrial Relations Ordinance, 1969 for re-instatement with back benefits against Punjab Road Transport Board. The petition was accepted in tow by the Labour Court vide decision under appeal.
3. Aggrieved by the above decision, District Manager, Government Transport Service, Lyallpur, appellant has preferred this appeal.
5. The learned Representative for the respondent raised a preliminary objection that the appeal was not filed in proper form and by a proper person. In this connection he referred to section 70(1) of West Pakistan Motor Vehicles Ordinance, 1965, which reads as under :- ' Government may establish a Road Transport Corporation for the purpose of operating road transport service in the Province and the Corporation so established shall be a body corporate by the name of the "Road Transport Corporation" having perpetual succession and a common seal, and shall by that name sue and be used.
5. This Ordinance was amended on 9-10-1972 vide West Pakistan Motor Vehicles (Punjab Amendment) Ordinance (XIX of 1972). In view of section 2(a)(b) of the afore-mentioned Ordinance, the words "Road Transport Corporation" wherever occurring would be substituted by "Road Transport Board" and the word "Corporation" or wherever occurring would be substituted by the word "Board". Section 4 of the said Ordinance reads as under :- ' Corporation to continue till the establishment of the Board.-Not withstanding the amendments made by this Ordinance, the Road Transport Corporation (hereinafter referred to as the Corporation) shall, until the Road Transport Board (hereinafter referred to as the Board) is established, continue to function as if this Ordinance had not been made.
6. In view of the above, the learned Representative for the respondent argued that the proper party in this appeal was Punjab Road Transport Board and not District Manager, Government Transport Service, Lyallpur and as such the appeal is bad in form and not maintainable. He relied on the case of Secretary, B & R, Government of West Pakistan and 4 others v. Fazal Ali Khan.
7. In view of the above, the appeal is dismissed as being bad in form and not maintainable. PLD 1971 Kar. 625