' The respondent Niaz Ali is absent as ever and as already alluded to in the previous order.
2. This is an appeal against the order dated 30-10-1998 of the Labour Court Mardan passed during the pendency of grievance petition filed by Niaz Ali respondent; whereby the application of the appellant regarding maintainability of the grievance petition was dismissed.
3. Admittedly the respondent was a telephone operator with the appellant department and hence was in the service of Pakistan as defined by the newely inserted section 2-A of the Services Tribunal Act, 1973. On this ground his previous petition had already been returned by the same Labour Court.
4. This Tribunal also in Appeal No, 83 of 1996 etc. Had decided the point accordinglly.
5. The respondent being a civil servant can resort to the Services Tribunal and hence the application filed by the appellant was wrongly rejected. The appeal is accepted, the impugned order dated 30-10-1998 is set aside and the respondent, if advised, may resort to the Service Tribunal concerned.