Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(xxviii) & 25-A---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Ss.2(i), 2(viii) & S.O.12(3)---Constitution of Pakistan, Art.199---Constitutional petition---Workman---Determination of---Termination from service---Petitioner/"Territory Manager" of a company aggrieved by his termination filed grievance petition before Labour Court---Labour Court allowed grievance petition of petitioner and re-instated him with full back benefits---Employer company being dissatisfied with the of Labour Court filed appeal before Labour Appellate Tribunal, the same was accepted---Labour Appellate Tribunal had found that the petitioner being "Territory Manager" did not fall within the definition of "workman", therefore could not invoke the jurisdiction of Labour Court---Validity---Petitioner was appointed as "Territory Manager" in the managerial staff---Main job of the petitioner was to promote the sales of pharmaceutical products of employer company---Duty of the petitioner was to convince doctors to prescribe medicines of the company---Petitioner had no nexus with direct sales of pharmaceutical products of the company---Petitioner had the duty of ethical promotion of the sales, the same did not fall within the ambit of skilled or unskilled, and manual or clerical, therefore petitioner did not belong to the category of "workman"---Judgment of Labour Appellate Tribunal was upheld---Constitutional petition was dismissed. Mustehkum Cement Ltd. through Managing Director v. Abdul Rasheed and others 1998 SCMR 644 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(xxviii) & 25-A---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Ss. 2(i), 2(viii) & S.O. 12(3)---Constitution of Pakistan, Art.199---Constitutional petition--- Workman--- Determination of--- Scope--- Sales manager/officer---Employees designated as Managers or Officers entrusted with the duties of sales promotion were expected to utilize their mental agilities and abilities with a quality and intelligent initiatives to explore new horizons of sales promotion---Duties…

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