Law: Industrial Relations Ordinance, 2002

Section: 46

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

Section: 2(i)

Industrial Relations Ordinance (XCI of 2002)--- ----S.46---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(i)---Individual grievance---”Workman”---Scope assailed concurrent findings on the grievance petition filed by him under S.46 of the Industrial Relations Ordinance, 2002 claimed that he was appointed as a Computer Operator by a sister concern of the respondent establishment; that, later on, he was appointed as Bailing Incharge and then he was transferred to the establishment and designated as Outdoor Quality Supervisor and that he was given a motorcycle for visiting different units of the establishment for checking quality of cloth; that in the month of Ramzan he got leave to sit for Aitekaf and when he returned after Eid holidays, he was not permitted to enter the factory premises, as such he was constrained to file the grievance petition after giving notice---Labour Court dismissed the petition on the preliminary ground that the petitioner had failed to satisfy the court that he was a “workman”---Appellate Court maintained the findings of the Labour Court---Validity---Affidavit-in-evidence filed by General Manager (Admin) of the establishment before the Labour Court stated that the petitioner was lastly performing the duties of Quality Supervisor and he used to go to various mills in order to check the quality of cloth on behalf of the establishment was doing laborious repetitive job of checking quality of cloth made at various mills of the establishment on motorcycle given to him by the establishment without any supervision from the management, not requiring any great amount of imagination to perform such a work which positively fitted the conditionality of being a “workman” during the course of a service definitely exposed himself to all the perils of working in a factory including inhaling cotton fibre most of the day was declared to be a workman in purview of Cl.2(i) of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Impugned s were set aside and the matter was remanded to the Labour Court for decision on merits. Nasir Abbas Naqvi v. Punjab Labour Appellate Tribunal 2003 PLC 443; Wisram…

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