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Initializing Secure Chambers
Petitioner: INTEZAR AHMAD VS Respondent: FINANCIAL ADVISER AND CHIEF ACCOUNTS OFFICER,PAKISTAN RAILWAYS; LAHOREHonorable Justice Agha Ali HyderM.A. Hassan Malik,M. Latif Saghar
1993 P L C 90
1993 P L C 90
[Labour Appellate Tribunal Sindh]
Present: Agha Ali Hyder, Appellate Tribunal
INTEZAR AHMAD and others
versus
FINANCIAL ADVISER AND CHIEF ACCOUNTS OFFICER, PAKISTAN RAILWAYS, LAHORE and another
Appeal No. KAR‑294 to KAR‑298 of 1991, decided on 17th February, 1992.
Workmen's Compensation Act (VIII of 1923)‑‑‑
‑‑‑‑S.2(a)‑‑‑Workman‑‑‑Sectional Pay Master working in Railway Headquarters, whether a "workman"‑‑‑Persons working in connection with movement of Railways or associated with track were "workman", not those working in Headquarter office‑‑‑Sectional Pay Master working in Railway Headquarter Office was not a "workman"‑‑‑Labour Court's finding that a Sectional Pay Master working in Railway Headquarter Office was not a "workman" was not open to any exception.
Trustees of the Port of Karachi v. Abdul Ghani 1983 SCMR 769; Karachi Development Authority v. Nasim Ahmed Khan 1991 PLC 522; General Manager, Railways v. Muhammad Jeelani Ashrafi and 2 others 1991 PLC 525; Zia Ahmed Makhdoom v. Pak Suzuki Motors 1991 PLC 145 and Security Papers Ltd. v. Sindh Labour Appellate Tribunal PLD 1988 SC 180 ref.
M.A. Hassan Malik for Appellants.
M. Latif Saghar for Respondents.
DECISION
These are 5 appeals in which common points are involved, and I propose to dispose of them by a composite order. The circumstances in which these appeals have arisen are as under:‑
1. The appellants were appointed as cashiers in the Railway Department on different dates and in due course were promoted as Sectional Pay Master on ad hoc basis. The Accounts Officer Administration, the Railways on 27‑9‑1984 issued a seniority list of the Sectional Pay Masters but their names in spite of their seniority were kept low therein though they were entitled to higher grade in BS‑15. Later on by another Notification dated 21w3‑1990 the promotion of the appellants as ad hoc Sectional Pay Masters was regularised, but with effect from 11‑5‑1989 only.
2. Feeling aggrieved with the aforesaid Notification the appellants served grievance notices on the respondents but with no results. They had thereafter filed grievance applications before the Labour Court praying that they be allowed the back benefits of BS‑15 with effect from 1‑4‑1988.
3. The respondents in their Written Statement inter alia contended that their applications did not lie as they were Civil Servants, and as such could not invoke the jurisdiction of the Labour Court. They also raised the plea of limitation among other grounds. The learned Labour Court after perusing the evidence and hearing the parties dismissed their applications on the ground that the same were not maintainable. Hence these appeals.
4. Coming from the Railways Department, as the appellants do, there is no gainsaying the fact, that they are civil servants within the meaning of the Civil Servants Act, 1973. They could seek exclusion, however, if they could put any construction on their allegations that they are workmen under the Factories Act or the Workmen's Compensation Act 1923. The one under the Factories Act need not tarry us. The definition of "workman" under the Workmen's Compensation Act contained in clause (n) of section 2 of the aforesaid Act is as under:‑
"Workman means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purpose of the employer's trade or business who is:
(i) a Railway servant, as defined in section 3 of the Railways Act of 1890, not permanently employed in any administrative district or sub? divisional office of a Railway, and not employed in any such capacity as is specified in Schedule 2.
5. The material portion in the aforesaid schedule will be clauses (1) and (12). Clause 1 reads as follows:‑
"The following persons are workmen within the meaning of section 2(1)(n) and subject to the provisions of that section, that is to say any person who is:‑
(i) employed otherwise than on a Railway in connection with the operation or maintenance of a lift, or a vehicle etc.
(12) employed upon Railway as defined in clause (4) of section 3 and subsection (1) of section 148 of the Railways Act etc. .
6. Mr. MA. Hassan learned counsel for the appellant contended that the Cashiers of the Railways had been declared as workmen in some cases, and sought support from Trustees of the Port of Karachi v. Abdul Ghani 1983 SCMR 769; Karachi Development Authority v. Nasim Ahmed Khan 1991 PLC 522; General Manager Railways v. Muhammad Jeelani Ashrafi and 2 others 1991 PLC 525; Zia Ahmed Makhdoom v. Pak Suzki Motors 1991 PLC 145; Security Papers Ltd. v. Sindh Labour Appellate Tribunal PLD 1988 Supreme Court 180, and Writ Petition No.210 of 1979 namely Pakistan Railways v. The Punjab Labour Court and others, an attested copy whereof has been produced.
7. The decision of the Supreme Court, as to be found in the Monthly Review pertains to the Port Trust and the other one reported in the PLD dealt with the question, whether a Security Guard was a workman. The other cases .are from this Tribunal. The only one relevant would be 1991 PLC 525, which dealt with the status of a teacher in a Railway School, who was found to be a workman. However, it was clearly mentioned that he could not be said to be permanently posted in the administrative office.
8. On the other hand there is a judgment from this very Tribunal‑Ghulam Hussain v. the Financial Adviser and Chief Accounts Officer Pakistan Railways in Appeal No.SUK‑430 of 1988, in which it was held that only persons working in connection with the movement of Railways or in any case associated with the track were workmen, not those working in the Head Quarter office. This Ghulam Hussain was a Sectional Pay Master, as are the appellants. The judgment of the Supreme Court in Civil Appeal No.578 of 1980 viz. Akbar Ali and others v. They. Senior Administrative Officer, Pakistan Railways, is similarly on all fours with the issue before us. It was held therein that in most of those cases where a different view had been taken, the duties, postings and functions were not examined and it was assumed that they were workmen on the strength of the definition contained in the Workmen's Compensation Act. It was further found that the extended meaning could not be given to what was provided in clause (n) of section 2 of the Workmen's Compensation Act. The definition in sub‑clause (1) of section 9 of the Workmen's Compensation was in 2 parts but what is to be found in the opening part is whittled down by the latter part, which excludes those "not permanently employed in any Administrative, District or Sub‑Divisional Office of a Railway". It was further observed that even in clause I of the schedule reference is clearly to those employed "on a Railway in connection with the operation or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity." Clearly the appellants do not fall in that category.
The view taken by the Labour Court under the circumstances is not open to any exception. I will therefore uphold the order and dismiss the appeals.
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