' These are appeals against the decision dated 11-1-1977 and 29-1-1977 of Punjab Labour Court, No, 1, Lahore.
2. Tasneem-ur-Rehman, appellant in Appeal No, LHR-37/77-Punjab was employed as a Sub- Station Attendant at Grid Station of Gas Turbine Power Station, Shandara, Lahore. It is alleged that on 2-1-1977 when he was on duty, Shah Nawaz Farooqi, Maintenance Engineer came there and they both exchanged hot words. Thereafter, the said appellant was forcibly turned out of the Grid Station and without any inquiry being held he was dismissed from service. On 4.1-1977 he filed a petition under section 25A of Industrial Relations Ordinance, 1969 before the Labour Court for re- instatement with back benefits.
3. Akbar Khan, appellant in Appeal No, LHR 113/77-Punjab, was employed as an Electrician in the Electrical & Mechanical Workshop of WAPDA situated at 210-Ferozepur, Road, Lahore. Before the Labour Court he filed a petition under section 25-A of Industrial Relations Ordinance, 1969 against his employer and one Akhtar Hussain, claiming relief to the effect that his (appellant's) employer might be directed to restore his seniority over Akhtar Hussain and to treat him as Senior Electrician as against the said Akhtar Hussain.
4. The learned Labour Court dismissed both the petitions on the ground that it had no jurisdiction to entertain the petitions in view of section 17(1-B) of West Pakistan Water & Power Development Authority (Amendment) Ordinance No, XVI of 1976, whereby every employee of WAPDA was deemed to be a civil servant for the purpose of the Service Tribunals Act, 1975.
5. Aggrieved by the above decisions, both the appellants have preferred these appeals. Since point of law involved in both the appeals is common, they will be disposed of together by one judgment. d. It will he convenient to section Pakistan Water and Power Development Authority (Amendment)
Ordinance, 1973, which reads an under:- Service under the Authority is hereby declared to be service of Pakistan and every person holding a post under the Authority, not being a person who is on deputation to the Authority from any province, shall be deemed to be a civil servant for the purposes of the Service Tribunals Act, 1973 (LXX of 1973).
7. According to section 3(2) of Service Tribunals Act, 1973, the Service Tribunal shall have exclusive jurisdiction in respect of matters relating to the terms and conditions of service of civil servant, including disciplinary matters.
8. According to section 2(b) of Civil Servants Act, 1973, 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) A person who is on deputation to the Federation from any province or other authority; (ii)A person who is employed on contract, or on work charged basis, or who is paid from contingencies; or
(iii) A person who is a "worker" or "workman" as defined in the Factories Act, 1934 (XXV of 1934), or the Workmen's Compensation Act, 1923 (VIII of 1923),
9. Now the point for determination is as to whether both the appellants fall either under the Factories Act or under the Workmen's Compensation Act.
10. As already mentioned above, Tasneem Rehman, appellant was employed as a Sub-Station Attendant in a Grid Station and Akbar Khan, A appellant was employed as an Electrician in the Electrical and Mechanical Workshop of WAPDA.
11. Section 2(g) of the Factories Act defines manufacturing process as under :- "Manufacturing process" means any process.-(i) for making, altering, repairing, ornamenting, finishing or packing, or otherwise treating any article or substance with a view to its use, sale transport, delivery or disposal; or (ii)for pumping oil, water or sewage; or
(iii) for generating, transferring or transmitting power.
12. According to item 2 of Schedule H of Workmen's Compensation Act, a workman employed in any premises wherein, or within, the precincts whereof, on any day of the preceding twelve months, ten or more persons have been employed in any manufacturing process as defined in clause (g) of section 2 of the Factories Act, 1934 (XXV of 1934), or in any kind of work whatsoever incidental to or connected with any of such manufacturing process or with the article made, and steam, water or other mechanical power or electrical power is used, is a workman under the said Act.
13. According to item XIX of Schedule H of the Workmen's Compensation Act, a workman employed in the generating, transforming, or supplying of electrical energy or in the generating or supplying of gas, is a workman under the said Act.
14. Thus from the nature of duties performed by both the appellants, I find that they fall within the definition of workman under the Factories Act as well as under the Workmen's Compensation Act as spacified in Schedule II. In view of the above, they will not be deemed to be Civil Servants under the Civil Servants Act, and as such the Service Tribunal will have no jurisdiction. Therefore, they will be deemed to be workmen under the Labour Laws and as such the Labour Court has jurisdiction to entertain the petitions.
15. The learned counsel for the respondents in both the appeals raised another legal objection to the effect that in view of the Pakistan Essential c Services (Maintenance) Act, 1953 (LIII of 1953) which had been made applicable to WAPDA, the Labour Court had no jurisdiction to entertain the petitions filed by both the appellants. In this connection they referred to Notification No, 11/12/71-Poll.
I(2) dated 21-2-1977, whereby the Ministry's Notification No, S. R. 0 856 (1)/76 dated 26.8-1976, declaring all employment in or in connection with the organizations dealing with the generation, transmission, distribution of or supply of electricity, to be essential services, shall remain in force for a further period of six months commencing on the 26th February, 1977. In support of their contention they relied on a Single Bench Judgment of the Lahore High Court in the case, Radio Pakistan Workers' Union v. Pakistan Broadcasting Corporation, wherein it was observed that the specified authority under the Rules framed under sections 6 and 7-A of the Essential Services (Maintenance) Act alone which was empowered to take cognizance of matters concerning the conditions of service of workmen and no such jurisdiction of the Labour Court was barred in respect thereof.
16. In the Division Bench Judgment of the Lahore High Court dated 22-12-1976 in the case, The General Manager, Heavy Mechanical Complex, Taxila v. Mr. Mannoon 4. Kazi, Senior Member, N. I. R.
C. And another It was observed :- "The provisions of West Pakistan Standing Orders Ordinance which constain these terms were applicable to the respondents and they provide a forum for redress of any grievance that may arise thereunder. The specified authority, if it wanted to change the forum or terms and conditions of the respondent., should have framed regulations in the light of rule 3(2), but admittedly nothing thereunder has been done.
17. It was further observed :-- "There is nothing to show that the 'specified authority' has been substituted for the 'Labour Court' or that it has been given the appellate or revisional powers. The provisions of the Act are thus not in conflict with the Industrial Disputes Ordinance, or the West Pakistan Standing Orders Ordinance.
The remedy of the respondents lay with the Labour Court till such time a different forum was provided. The order of dismissal against the orders, therefore, was bad in law."
18. From the above it is clear that the Labour Court will have jurisdiction to entertain such petitions till such time that the Rules are framed D under the Essential Services (Maintenance) Act.
19. I, accordingly, accept both the appeals, set aside the decisions of the Labor Court and remand the case back for decisions on merits in accordance with law.
1976 PLC 657 1977 PLC 532