The Law of Employment and Federal and provincial Service Tribunal
There are five categories of employment.
- The Civil Servant
Section 2 (b) “civil servant Act 1977 ” defines the civil servant as “ a person who is a member of an All-Pakistan Service or of a civil service of the Federation, or who holds a civil post in connection with the affairs of the Federation, including any such post connected with defense, but does include-
a person who is on deputation to the Federation from any Province or other authority;
a person who is employed on contract, or on work-charged basis or who is paid from contingencies; or (iii) a person who is “worker” or “workman” as defined in the Factories Act, (XXV of 1934),
Or the Workman’s Compensation Act, 1923 (VIII of 1923):
The civil servant may either be federal or provincial in case of civil servant serving under the federal institutions then the civil servants can take remedy against their grievance under this Act firstly by filing a departmental appeal and then after 90 days of the departmental appeal or after decision of the departmental appeal has to approach the Federal Service tribunal for the redressal of their grievance The grievance can draw up from the terms and condition or offer of the employment and the Civil Servant act and rules provided therein. Similarly in case of provinces the civil servants has to follow the provincial civil servant acts and rules provided there in. ..
There are certain excepting as given by the Civil Servant Act in these situation the proper forum will not be Federal or provincial service tribunal instead they have to approach high Court for the their rights ought to the grievance under the Constitution of Islamic Republic of Pakistan Which are mentioned in above definition of Civil Servant.
- The employers working in statutory Body
The 2nd category of employees are the employees working in a statutory body established by the Act of parliament these type of employees also has to approach high court for their rights under the constitution of Islamic Republic of Pakistan .
- The employers working in statutory bodies established by statute without statutory rules of employment.
If an employee is working in a statutory body without statutory rules then the proper forum for redressal of their grievance will not be high court instead they have to file a claim for damages before civil Courts. (2013 scmr1707)
Only can approach high court in case of violation of natural justice under article 10-A of the constitution of the Islamic republic of Pakistan. 1994 scmr 2232
- The employees working under the none statutory bodies
None statutory bodies includes the companies registered under SECP .
- The Workers
The workers working under any company or proving their services as a workman.
The proper forum for the workers in Islamabad Is NIRC while in other provinces the labour Courts
The law of employment and the service laws are enacted to protect the rights of the employees either working as a civil servant or working or proving services anywhere has competent forum for the redressal of grievance and quick justice.
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