Law:

Section:

Keywords: Director, Orders, Establishment, Functions, Permission, Administrator, Parties, Petitioner, Labour Court, Petition, Period, Evidence, Order, Costs, Commercial Employment, Government, Manager Result: Petition dismissed JUDGMENT The petitioner has assailed the decision of the IV Sind Labour Court, Karachi dated 28th May 1974, wbereb5 order dated 26th July 1973 passed by the Junior Labour Court, dismissing the petitioner's application for reinstate ment was upheld. 2. The brief facts forming the background of this case are that the petitioner was employed in Indus Alkalies Chemicals Limited as Head Chow kidar. He was designated as Assistant Manager Security. On 2nd November 1972, he was charge-sheeted for having illegally taken away the gun and a packet of cartridges provided to him by the Factory to his house without permission. An enquiry was held and the charges were proved against him and finally his services were terminated by the Personnel Manager n 19th December -72 under the directions issued on 15th December 1972 by the Managing Director of the Organization. After the termination of his services the petitioner approached the Junior Labour Court for his re instatement but his application was dismissed on 26th July 1973. He sub sequently preferred an appeal to the Labour Court which was also dismissed on 28th May 1974. 3. It may be mentioned here that during this period the Factory was taken over by the Government under Economics Reforms Order 1 of 1972 and was renamed as "Sind Alkalies-Limited" in January 1972. 4. The main question involved in this case is whether the petitioner was a workman within the definition of the word "workman" given in West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (hereinafter called "Standing Orders Ordinance, 1968"). The contention of the learned counsel for the petitioner is that since the peti tioner was a Head Chowkidar and his duties were to supervise three other Chowkidars working under him, therefore he was virtually performing the functions of a supervisor and be would not therefore be covered by the definition of the word "worker" or "workman" given in Industrial Rela…

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