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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: CHAIRMAN, AREA ELECTRICITY BOARD WAPDA, HYDERABAD and 2 others VS Respondent: ABDUL RAZZAK
Court Name: Labour Appellate Tribunal Judge(s): Agha Ali Hyder Title:CHAIRMAN, AREA ELECTRICITY BOARD WAPDA, HYDERABAD and 2 others vs
ABDUL RAZZAK Case No.: Appeal No, SUK-141 of 1991 Date of Judgment:1992-01-30 Reported As: 1992 PLC 525 Result: Appeal allowed Judgment DECISION ' The respondent was appointed as Assistant Lineman on 11-3-1990 and was removed from service by letter dated 31-7-1990. Aggrieved by this order he had moved the Labour Court after serving the preliminary grievance notice. 2. The appellants never bothered to enter appearance and the order was passed ex parte. It was found that as Assistant Lineman he was a workman and his removal from service without assigning any reason was unwarranted in law. 3. An appeal has been preferred and the contention raised by Mr. Zia Pervez is that the proceedings before the Labour Court did not lie at all as the respondent being an employee of WAPDA could seek remedies only from the Service Tribunal. Reference was made to a decision of Supreme Court namely Water and Power Development Authority v. Javed Ahmed reported in 1989. SCMR page 1068. 4. That clinches the issue. The Labour Court had no jurisdiction to proceed with the matter. I will, therefore, set aside the impugned order and allow the appeal.