Law: Industrial Relations Act, 2012

Section: 2(xxxxiii)

(a) Industrial Relations Act (X of 2012)--- ----S. 2(xxxiii)---'Worker' and 'workman'---Proof and burden of proof---In order to adjudicate whether a person is performing his duties as a 'workman' or 'worker', or Manager, Officer and/or duties of supervisory nature, the pith and substance of the adjudication predominantly depends on the nature of duties and not on the basis of the nomenclature of the post---In order to thrash out this controversy, the appropriate appraisal for assistance can be made by dint of oral and documentary evidence produced by the parties in the court of first instance---In case the employee asserts that he was performing duties as workman and such contentions are opposed by the management, then in such eventuality the burden of proof lies upon the employee to substantiate that he was in fact performing the duties of a 'workman' and the mere nomenclature of the post does not affect his status of employment as worker or workman. (b) Administration of justice--- ----Appeal, right of---Scope---Right of appeal is a right of entering into a superior court and invoking its aid and interposition to redress the error of the forum below---It is essentially a continuation of the original proceedings as a vested right of the litigant to avail the remedy of an appeal provided for appraisal and testing the soundness of the decisions and proceedings of the courts below---Right of appeal is not a mere matter of procedure but is a substantive right. (c) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of the High Court---Scope---Concurrent findings of fact by fora below---If the concurrent findings recorded by the lower fora are found to be in violation of law or based on flagrant and obvious defect floating on the surface of record, then it cannot be treated as being so sacrosanct or sanctified that it cannot be reversed by the High Court in the Constitutional jurisdiction vested in it by Article 199 of the Constitution---As a corrective measure in order to satisfy and reassure whether the impugned decision is within the law or not and if it suffers from jurisdictional defect, the High Court without being impressed or influenced…

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