Law: Punjab Industrial Relations Act, 2010

Section: 2(xxxi)

Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: 15(1)(4)

(a) Punjab Industrial Relations Act (XIX of 2010)--- ----S. 2(xxxi)---'Workman'---Determination of---For determining the question as to whether any body fell within the definition of 'workman' or not, the duties being performed by said person, were of vital importance---Witness for the employer in his cross-examination had stated that the employee in question, neither had authority to hire and fire; to allow leave, nor to charge-sheet any body---Said employee was Quality Control Supervisor, performing duties of manual nature, as checking of stitched garments---When the employee was answerable to her superiors in respect of the work being undertaken by her, she could not be dubbed as executive supervisor in that regard---Findings of the fora below that employee was a "Workman" were unexceptionable. (b) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 15(1)(4)---Disciplinary proceedings against a "workman"---Issuing of specific notice to employee regarding the allegations levelled against him/her---Necessity---Employer, was bound to give specific notice to employee, regarding the allegations levelled against her, by having not done so, the employer had violated the well acknowledged principle that an act to be done in a particular way could not be allowed to be deviated in any way---Employer was bound to hold independent inquiry, which was not conducted---In the present case, the employer, illegally construed the proceedings conducted on the letter of explanation as those were undertaken pursuant to a formal charge sheet---Non-production of alleged two complaints during the course of evidence, cast serious doubt against their authenticity for the reason that when the documents forming basis of the dispute were not brought on record, the subsequent superstructure raised on the basis thereof, could not be given legal blanket. National Bank of Pakistan and another v. Anwar Shah and others 2015 SCMR 434; Administrator Zila Council, Sahiwal v. Arif Hussain and others 2011 SCMR 1082; Muslim Commercial Bank Ltd. and others v. Muhammad Shahid Mumtaz and another 2009 PLC 281; Dilshad Khan Lodhi v. Allied Bank of Pakistan and others…

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