Law:

Section:

1976 P L C 758 [Lahore] Before Karam Elahee Chauhan, J TAJ DIN AND 44 OTHERS versus PUNJAB LABOUR COURT No. 3, LYALLPUR AND ANOTHS Writ Petition No. 2730 of 1975, decided on 1st June 1976. (a) Constitution of Pakistan (1973)---- Art, 199-Writ jurisdiction Question of fact-Appellate Court attending to all material on record and neither misreading any evidence nor omitting to attend to any evidence-Order of appellate Court, held, being supported by relevant material on record, cannot be said to be without lawful authority and finding being on a question of fact cannot be taken exception to writ jurisdiction-Industrial Relations Ordinance (XXIII of 1969), S. 2(xxviii). Dharangadhra Chemical Works Ltd. v. State of Saurashtra and others A I R 1957 S C 254 and Muhammad Hussain Munir and others v. Sikandar and ethers P L D 1974 S C 139 rel. Chbatoman Rao and another v. State of Madhya Paradesh A I R 1958 S C 388; Shahab Industries Ltd v. Shah Nimroze 1974 P L C Note 60 at p. 33 and Shankar Balajl Waje v. The State of Maharashtra A I R 1962 S C 517 ref. (b) Industrial Relations Ordinance (XXIII of 1969)---- -- S. 2(xxviii)--Employer---Employee-Contract of employment--Ingredients of. A concept of employment involves three ingredients, (i) employer; (ii) employee and (iii) the contract of employment. The employer is one who employs i.e., one who engages the services of other persons. The employee is one who works for another for hire. The employment is the contract of service between the employer and the employee where under the employee agrees to serve the employer subject to his control and supervision. Employ­ment brings in the contract of service between the employer and the employee. The control of the Management, which is a necessary element of the relationship of master and servant, is not directed towards providing or dictating the nature of the article to be produced or the work to be done, but refers to the other incidents having a bearing on the process of work the person carries out in the execution of the work. The manner of work is to be distinguished from the type of work to be performed. (c) Industrial Relations Ordinance (XXIII of 1969)---- -- S.…

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