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2014 P L C 77 SINDH HIGH COURT Constitutional Petition No.D-35 of 2011, decided on 3rd October, 2012. Date of hearing: 4th September, 2012. Before Shahid Anwar Bajwa and Aftab Ahmed Gorar, JJ PAKISTAN SERVICES LIMITED through Major (R) Zia Ahmed Jan and another VS SINDH LABOUR APPELLATE TRIBUNAL and another Mahmood Abdul Ghani for Petitioners. Abdul Latif Saghar for Respondent No.2. (a) Industrial Relations Act (IV of 2008)--- ----S. 41---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) & S.O.12(3)---Grievance petition---Maintainability---Employee was "workman" as defined in S.2(i) of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---If the employee was not "workman" for the purpose of definition as given in Industrial Relations Act, 2008, employee was entitled to maintain grievance petition Standing Order 12(3) of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 provided for maintenance of grievance petition. (b) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 2(i)---"Workman"---Determination of status---Employee was not employed in supervisory capacity, she was working in the health club, performing various duties which she mentioned in her affidavit in evidence---Employee by stating her duties, and with no specific denial by the employer, had successfully established the case that her duties were manual and clerical in nature---Employee in circumstances, was workman for the purpose of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Designation was not material, but the work actually being done by the employee, was relevant for deciding the issue of "workman". Messrs Coca Cola Beverage Pakistan Limited through Authorized Officer/Industrial Relations Manager v. Registrar Trade Unions Sindh and 3 others 2010 PLC 48; Coca Cola Mazdoor Union v. Registrar of Trade Unions and others SBLR 2012 Sindh 522; Trustees of the Port of Karachi v. Muhammad Saleem 1994 SCMR 2213; Board of Governors Aitchison College, Lahore v. Punjab Labour Appellate Tribunal and others 2001 SCMR 1928; Muhammad Nawaz Bhatti v. President, Muslim…

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