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1978 PLC 297

WATER & POWER DEVELOPMENT AUTHORITY VS KHAWAJA SAJJAD HAIDER

Petitioner: WATER & POWER DEVELOPMENT AUTHORITY VS Respondent: KHAWAJA SAJJAD HAIDER

Court: LABOUR-COURT-PUNJAB

Full Judgment Text & Judicial Ruling

1978 P L C 297

1978 P L C 297

[1st Labour Court Punjab]

WATER & POWER DEVELOPMENT AUTHORITY

Versus

Khawaja SAJJAD HAIDER

Appeal No. 160 of 1975, decided on 17th January 1976.

Industrial Relations Ordinance (XXIII of 1969)------

---S. 36‑D read with Service Tribunals Act (LXX of 1973), Ss. 3 & 6 and West Pakistan Water and Power Development Authority (Amend ment) Ordinance XVI of 1975). S. 2‑Anneal by employee of WAPDA pending adjudication before Labour Court‑Held, abated on promul gation of Ordinance (XVI of 1975).

Salim Aftab for Appellant.

Ch. Ghulam Haider Cheema for Respondent.

JUDGMENT

Register for issuing copies and the original copy of the application for obtaining the copy in this case had been seen and the relevant entries have been perused It transpires that the appellant actually applied for copy on 21st June, 1976 and on the same day the learned Presiding Officer Junior Labour Court No. 2, allowed his application under his own signatures which have been dated as 21st June, 1975 in the hand of the Presiding Officer himself.

Arguments have been heard, about the maintainability of the present ap peal. The President of Pakistan by promulgating Ordinance No. XVI of 1975 30th September 1975 amended section 17 of the WAPDA Act 1958. According to the amended provisions, every person in the employment of WAPDA other than a person on deputation from any province is to be deemed to be a Civil Servant for the purposes of Service Tribunals Act, 1973. According to section 3 of the Service Tribunals Act, a tribunal has exclusive jurisdiction In the matter of terms and conditions of a Civil Servant and also disciplinary matters. Section 6 ibid further provides that any appeal application or other proceedings pending before any Court in respect of the matter falling within the jurisdiction of a Tribunal shall stand abated. I view of the above, the present appeal abates and is accordingly dismissed.

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