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Industrial Relations Ordinance (XXIII of 1969) Ss.2(xxviii) & 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) & S.O. 15(3)(c)(e) Dismissal from service Grievance petition; maintainability of Status of workman determination of Employee working as Foreman was dismissed from service after charge sheeting him and holding inquiry against him on allegations of causing loss to the employer and on unauthorised absence Employee being Foreman was drawing salary of Rs.8,000 per month and had salary sheet different to that of workers and his Attendance Register was also different to that of workers as he used to sign in attendance register separately maintained for Staff officers Employee had claimed that he was a worker as he used to repair the machines Repairing of machine, no doubt involved manual labour, but for the employee who was a Foreman, such manual labour was only incidental Employee, in circumstances, could not be put in the category of "worker" Order of the Labour Court whereby the grievance petition filed by the employee was allowed with directions of reinstatement and payment of full back benefits was set aside, in circumstances. 1981 PLC 969; 1997 PLC 443 and 1996 PLC 182 ref. Abdul Ghani Khan for Appellants AND Nishat Warsi for Respondent. Date of hearing: 23rd April, 2001. DECISION This appeal has been preferred by Haii Muhammad, Ismail Mills Limited, hereinafter referred to as the Appellant Mills, from the Order dated 19 2 1999 of the Sindh Labour Court No.VI, Hyderabad whereby the grievance petition filed by respondent Saeed Ahmed, hereinafter referred to as respondent, was allowed. The facts of the case briefly stated are that respondent Saeed Ahmed was employed as Foreman in the Appellant Mills on 13th August, 1984. He was said to be performing his duties with dedication and honesty giving no cause of complaint to his employers. However, on 8th May, 1997 after completing his normal duties the respondent was doing overtime when at about 10.00 p.m. the General Manager of the Mills arrived there. After abusing the respondent left and right the General Manager demanded his resignation. When…

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