Law:

Section:

(a) Punjab Industrial Relations Act (XIX of 2010)-------Ss. 33 & 47---Removal from service---Grievance petition---Employee was removed from service on the ground that his appointment was illegal, defective and in violation of Rules---Employee had assailed removal order in his grievance petition on the ground that he had been victimized due to Trade Union activities without conducting regular inquiry against him, and without providing him any opportunity for personal hearing---Nothing was on record to show that domestic inquiry was held by the employer department---Employee was condemned, unheard, which was not permissible in the eye of law---Objection of counsel for the employer that impugned /order was not speaking , was frivolous, as impugned was very much elaborated---Labour Court had discussed each and every aspects of the case and cited case-law---Labour Court had rightly passed impugned and in absence of any flaw or infirmity therein, same was upheld, in circumstances. 2006 SCMR 678 rel. (b) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 2(i)---Status of 'workman', determination of---Employee was workman as he was appointed against the post of 'Artist' for the period of one year---Work of artist was always manual in nature, as he makes caricature with his own hands---Employee was subsequently shifted to Library, which was also manual work as he had to place and sort out the books in shelves---Employee, on account of such manual work was a workman, though he was in grade BPS-12 as Assistant Librarian against the post of Artist. M. Ayoub Khan, D.D.A. for Appellants. M. Ashfaq Thaheem for Respondent. Date of hearing: 29th November, 2012. JUDGMENT HAFIZ ABDUR REHMAN ANSARI (CHAIRMAN).--- The appellant-department has filed the instant appeal before this Court against judgment dated 7-2-2010 passed by learned Presiding Officer, Labour Court No.9, Multan whereby learned Presiding Officer accepted the grievance petition of the respondent/petitioner and directed the appellant-department to reinstate the petitioner/respondent in service with all back-benefits. 2. The brief facts of the instant appeal are that respondent/…

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