Law:

Section:

East Pakistan Employment of Labour (Standing Orders) Act (VIII of 1965), Ss. 2(v) & 19-Worker-Employee of supervisory category-Not a worker irrespective of whether or not such supervisory employee exercises power of appointment or dismissal of any subordinate-Not entitled to benefits under S. 19. A supervisor who did not perform the managerial or admi nistrative work and had no power to appoint or dismiss any of his subordinates was held, to be a worker in terms of section 2(v) of the East Pakistan Employment of Labour (Standing Orders) Act, 1965, by the Labour Court. The judgment of the Labour Court was set aside, the High Court holding that "mere absence of power, in discharging duties of a supervisor or Manager or Administrator, of appointment and dismissal does not exclude him from the category of the excluded persons as mentioned in sub-clauses (i) and (ii) of clause (v) of section 2 of the Standing Orders Act, 1965 and as such he would not be entitled to the benefits under section 19 of the Act". Pakiktan National Oils Ltd. v. Chairman, Second Labour Court of East Pakistan, Dacca and 2 others P L D 1970 Dacca 712 rel. JUDGMENT SIDDIKY, C. J.-In this application the petitioner-company, viz. Pakistan National Oils Limited, has challenged the validity of the order passed by the Second Labour Court, East Pakistan, on 15-10-1968, in Complaint Case No. 152 of 1968. One Wahidur Rahman, respondent No. 3 in this application, was serving as a Supervisor in the petitioner-company since 1-1-1965. On completion of his probationary period he was made permanent. On 29-1-1968 the petitioner-company termi nated the services of the respondent No. 3 with effect from that date by its letter dated 26-1-1968 without assigning any reason. The respondent No. 3 filed Complaint Case No. 152 of 1968 before the Second Labour Court and prayed for termination benefits under section 19 of the East Pakistan Employment of Labour (Standing Orders) Act, 1965. The petitioner-company entered appearance and contended that the complainant Wahidur Rahman, Ex-Supervisor of the Company, was not a worker within the definition of clause 2(v) of the Standing Orders Act, 1965 and as…