Law:

Section:

Punjab Local Government Act (XVIII of 2013)--- ----S. 2(mmm)---Local bodies elections---Reserved seat for 'worker' on Municipal Committee---Eligibility of candidate---Only such person, who was directly engaged in physical work and for his subsistence relied on physical labour or fell within the definition of 'worker' as contained in the Punjab Industrial Relations Act, 2010 qualified to contest election on the reserved seat of 'worker' and not a person who was a businessman or a trader. Petitioner was one of the candidates on the reserved seat of 'worker' of a Municipal Committee. Respondent, who was also a candidate for the said seat, sought rejection of petitioner's nomination papers on the ground that the petitioner was not a worker as he held a LPG dealership and operated his business from a business concern; that being a businessman, petitioner was a tax payer having a National Tax Number and he had also been elected as President of a LPG Union. Nomination papers of petitioner were rejected by the Appellate authority in view of the contentions raised by the respondent. Section 2(mmm) of Punjab Local Government Act, 2013 defined 'worker' as someone who was "directly engaged in work or is dependent on personal labour for subsistence living and includes a worker as defined in the Punjab Industrial Relations Act, 2010." Thus only such person, who was directly engaged in physical work and for his subsistence relied on physical labour or fell within the definition of 'worker' as contained in the Punjab Industrial Relations Act, 2010 qualified to contest election on the reserved seat of 'worker' and not a person who was a businessman or a trader. Muhammad Hussain v. District Returning Officer 2008 SCMR 488 ref. Record showed that the petitioner was a dealer of LPG and distributed the same from his business concern. He also held the office of President of LPG Union which took care of business of traders who sold LPG gas to consumers from their outlets. As a tax payer, the petitioner had a National Tax Number as well. Provincial Secretary for Industries, confirmed that the petitioner was one of the LPG distributors in the District having a dealership contract.…

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