Pakistan defence Officer Housing Authority Order

Citation Name : 2018 PLCN 23 LABOUR-APPELLANT-TRIBUNAL-SINDH
Side Appellant : NAWAB ZAD GUL
Side Opponent : PAKISTAN DEFENCE HOUSING AUTHORITY, KARACHI
Ss. 41 & 54(3)---Pakistan defence Officer Housing Authority Order [P.O. 7 of 1980], Arts.15 & 16---Service Rules for Employees of Pakistan defence Officers' Housing Authority, S.8(b)(5)---Employee of Pakistan defence Housing Authority---Dismissal from service---Grievance application, maintainability of---Impugned order of Labour Court, whereby grievance application was dismissed as being not maintainable had shown that in case of wrongful dismissal of an employee the remedy for the employee was to claim damages and not reinstatement, since the relationship between him and the employer was that of "Master and Servant"; and that the employer did not have the backing of statutory rules---Section 8(b)(5), Chapter-III of Service Rules for Employees of Pakistan defence Officers' Housing Authority, provided that, if an employee, who absented himself without leave, or over stayed leave, would be served with three notices, each after ten days to rejoin duty; and in case of his failure to report for duly, his services would be dispensed with on the ground of misconduct under Arts.15 & 16 of the Pakistan defence Officers Housing Authority Order, 1980---Employer Authority had been established only for welfare of the employees/officials of Armed Forces and did not run any business, commercial, trade, process of manufacturing and producing goods---Employer would not fall within the meaning and scope of Industrial Relations Act, 2008; as also under Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Employer Authority was not an industry as defined under S.2(xiv) of Industrial Relations Act, 2008---Employee was a public servant as defined under Art.16 of Pakistan defence Officers Housing Authority Order, 1980---Appeal having no merit was dismissed accordingly.