Law:

Section:

Punjab Industrial Relations Act (XIX of 2010)--- ----Ss. 2(xxxi), 44, 45, 46 & 47---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i), S.O.15---Termination of service---Grievance petition---Teacher whether "workman"---Services of respondent/teacher were terminated after holding enquiry against him on allegation that he was found guilty of malpractice on solving papers of two students in the admission test---Labour Court accepted grievance petition of the teacher against orders of his termination and reinstated the teacher in service with back benefits on the ground that teacher had been unfairly punished, as others who were also involved on said immoral and illegal practice, had been let off; and employer institution had filed appeal against of Labour Court---Contention of appellant-employer was that Labour Court had no jurisdiction to adjudicate upon the teacher's grievance petition, as teacher did not fall within the definition of "workman"---Validity---Where the services of a "workman" were terminated, he could have recourse to the Labour Court, provided he was "workman" as defined in S.2(i) of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Provisions of Punjab Industrial Relations Act, 2010, including its S.2(xxxi) as to definition of a "workman" were not relevant---Job of the school teacher involved intellectual exercise, and it could not be said that a teacher was engaged in any manual and clerical work---Teacher was not a "workman" in terms of S.2(i) of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and Labour Court could not assume any jurisdiction in the matter---Teacher who admitted his guilt, was the main character in the reprehensible act of cheating; and use of unfair means in the admission test---Such grave misconduct attracted the penalty of termination of service, which had been rightly imposed on the teacher---Labour Court had taken the wrong view on the irrelevant consideration that other persons also involved, had been let off---One wrong-doer, could not be allowed to go scot-free just because other wrong doers had not been caught, or let off. Muhammad…

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