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Punjab Industrial Relations Act (XIX of 2010)--- ----S. 2(xxxi)---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)---Dismissal of grievance petition, appeal against---Status of workman, determination of---Appellant who was employed as Supplier in the respondent establishment, was ousted from service after about 3 years of his employment---Appellant filed grievance petition on the ground that he being workman was removed from service without any show cause notice and without holding any inquiry---Labour Court dismissed the grievance petition holding that since appellant was a salesman, Labour Court had no jurisdiction to entertain his grievance petition---Validity---Marked difference existed between an ordinary salesman who handed over goods to the customers on the prices fixed by the employer and one who was expected to display the quality of initiative and drive, intelligence and correct speculation and for doing that he was given some independence in the line of action and was expected to use his mental faculties to find new avenues of sales promotion---All said elements could be found only after recording of evidence to determine whether appellant was a salesman simpliciter or sales promotion employee---Recording of evidence, in circumstances was a sine qua non---Since the evidence had not been recorded, case was remanded to the Labour Court with a direction to record the evidence and then decide the matter afresh. JUDGMENT ABDUL HAFEEZ CHEEMA (CHAIRMAN).--- This appeal assails the judgment dated 27-1-2010 passed the learned Labour Court No.7 Gujranwala whereby the grievance petition filed by the appellant was dismissed on the sole ground that he was not a workman as envisaged in the Standing Orders Ordinance, 1968 and therefore was not entitled to invoke jurisdiction of the learned Labour Court. 2. The facts of the case briefly are that the appellant employed as Supplier in the respondent establishment in December, 2007. He was ousted from service on 30-8-2009 by verbal order. 3. After serving the grievance notice he filed a grievance petition on the ground that he being a workman under the employment of the respondent…

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