| Citation(s) |
|---|
| 1976 SLG 104 1976 SLD 104 1976 PLC 915 |
Labour Appellate Tribunal, Punjab
Appeal No. JM-250 of 1976, decided on 29th September 1976. Date of hearing : 27th August 1976.
M, JAMIL ASGHAR, APPELLATE TRIBUNAL
S. M. R. Anwar for Appellant. Raja Abdur Rashid for
Respondent.
Appeal No. JM-250 of 1976, decided on 29th September 1976. Date of hearing : 27th August 1976.
M, JAMIL ASGHAR, APPELLATE TRIBUNAL
S. M. R. Anwar for Appellant. Raja Abdur Rashid for
Respondent.
K. D. C. BOARDS LTD
VS
MUHAMMAD SADIQ
Law:
Section:
Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- --- S. 2(i)-Watchman-Covered by definition of "workman". According to section 2(i) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 "workman" means any person employed in any industrial or commercial establishment to do any skilled or unskilled, manual or clerical work for hire or reward. The definition of "workman" tin the West Pakistan Industrial Disputes Ordinance, 1968, is almost the same as is given under the Standing Orders Ordinance. Since there is a specific provision in the Ordinance of 1968 to exclude Chowkidar from the definition of a workman, it is clear that but for that exclusion Chowkidar would be a workman under the said Ordinance. As already pointed out above the definition of a workman under the Standing Orders Ordinance is almost the same as is given under the Industrial Relations Ordinance, 1969 therefore the definition of workman would include Chowkidars. Civil Appeal No. 6 of 1968 (unreported) rel. JUDGMENT This is an appeal against the decision dated 29-6-1976 of Punjab Labour Court, No. 2, Lahore. 2. Mohammad Sadiq, respondent was employed as a Chowkidar in K.D.C. Boards Limited, Jhelum. In the same premises, there is also a Poultry Farm. On 9-2-1976 at about 4-00 p.m., when the appellant was on duty, near the Poultry Farm, he found some eggs lying in a ditch. He reported the matter to the General Supervisor, who deputed Ali Akbar, another watchman to watch sad see as to who comes to take these eggs. The respondent's duty was at a distance of about 100 yards from that ditch. The Supervisor, also instructed him to help Ali Akbar, in case he needed him. At about 9-00 p.m. or, that day somebody came and took away those eggs. Both Ali Akbar and the, appellant pursued the thief, but were unable to catch him. The appellant was, thereafter, charge-sheeted and an enquiry was also held against him, in which he was found guilty of misconduct. On the basis of that finding the respondent was dismissed from service. The respondent challenged the order of his dismissal before the Labour Court, which accepted his…
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