Law: Payment of Wages Act, 1936

Section: 15(1)

Payment of Wages Act (IV of 1936)--- ----S. 15(1)--- Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) Sched., S.Os.12(6) 12(7)---Sales Managers employed on contractual basis on managerial positions dismissed from service---Gratuity and Provident Fund, entitlement to---Whether the dismissed sales managers were workmen, and thus qualified to receive benefit of Gratuity and Provident Fund---Held, that a salesman by very nature of his work was not a workman and did not fall within the ambit of the term workman---Position of a salesman did not predominantly involve manual or clerical work and as such was not considered to be a workman within the meaning of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968[ Ordinance of 1968]---In the present case, the respondents (employees) while filing their applications under S. 15 of the Payment of Wages Act, 1936 before the relevant Authority had not at all claimed themselves or pleaded in their applications that they were workmen performing manual or clerical work in terms of S. 2(i) of the Ordinance of 1968 , and they also did not record any evidence to such effect--- Claim of the respondents (employees) to the extent of payment of Gratuity and Provident Fund was dismissed---Petitions for leave to appeal were converted into appeals and allowed accordingly. Aurangzaib v. Medipak (Put.) Ltd. and others 2018 SCMR 2027; Pakistan Tobacco Company Ltd. v. Pakistan Tobacco Company, Employees Union, Dacca and others PLD 1961 SC 403; Chairman, Brooke Bond (Pakistan) Ltd. Karachi v. General Secretary Union Karkunane .Brooke Bond (Pakistan) Ltd., Rawalpindi PLD 1969 Lah. 717; Brooke Bond (Pakistan) Ltd. v. Conciliator and 6 others PLD 1977 SC 237 and Syed Matloob Hassan v. Brooke Bond Pakistan Limited, Lahore 1992 SCMR 227 ref. ORDER GULZAR AHMED, C.J.--- The petitioner-Getz Pharma (Pvt.) Limited, has filed these three petitions assailing the common judgment dated 20.11.2020, passed by the learned Single Judge of the Islamabad High Court, Islamabad (the High Court), whereby the three writ petitions filed by the petitioner were dismissed. C.P. No.3587 of 2020 2. Respondent No.…

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