' This petition for leave to appeal is directed against the judgment of the Service Tribunal passed on 15-11-2001.
2. The facts relevant for the disposal of this petition, briefly stated, are that the petitioner was serving in AKMIDC as Drill Machine Operator when he was dismissed from his service vide order dated 30-9-1986. He was later on reinstated in the service on 22-10-1996, but this order was not implemented, resultantly the petitioner was constrained to file writ petition in the High Court seeking implementation of the notification dated 22-10-1996. The writ petition was allowed by the High Court. However, on appeal the Supreme Court set aside the judgment of the High Court. The review petition filed by the petitioner before this Court also met the same fate. However in the review petition, it was observed by this Court that the petitioner, if so advised, may seek the appropriate remedy in appropriate forum. In light of these observations the petitioner moved a fresh application before the respondents for his reinstatement in service; His request was turned down through a letter which was challenged by him in appeal before the Service Tribunal. The appeal of the petitioner was dismissed by the Service Tribunal on the ground that he being an employee of the Corporation cannot seek remedy through an appeal before the Service Tribunal. It was opined that the employees of the 'Corporations came within the definition of 'workmen' or 'workers' who cannot avail the appellate jurisdiction of the Service Tribunal. This order has been assailed before this Court in the present petition for leave to appeal.
3. I have heard the learned counsel for the petitioner and gone though the record of the case.
4. The disputes relating to the terms and conditions. Of the civil servants have been given exclusively within the jurisdiction of the Service Tribunal in the light of section 47 of the Azad Jammu and Kashmir Interim Constitution Act , 1974. In section 4 of the Service Tribunals Act, 1975, a civil servant who holds a civil post in the service of Azad Jammu and Kashmir or is employed in connection with the affairs of the State can raise his grievance in respect of his terms and conditions through an appeal before the Service Tribunal. However, a person who is on deputation to the service of Azad Jammu and Kashmir in connection with the affairs of the Government from the Council or the Federation or any Province of Pakistan or Authority and a person who is employed on contract or on work-charge basis and paid from contingencies, cannot invoke the appellate jurisdiction of the Service Tribunal. In the same, way any person who is a ' worker' or a ' workman' as defined in the Factories Act, 1934 (XXV of 1934) or the Workman's Compensation Act, 1923, cannot avail the right of appeal before Service Tribunal. The petitioner in view of section 4 of the Service Tribunals Act, 1975, was not justified to invoke the appellate jurisdiction of the Service Tribunal. The Service Tribunal was, therefore, justified in law in denying him relief. The petitioner may seek the redressal of his grievance either before authority or before a competent forum.
' This petition for leave to appeal, having no merit, is dismissed.