Law:

Section:

(a) East Pakistan Employment of Labour (Standing Orders) Act (VIII of 1965), S. 2(v)(i)(ii)-Worker-Employee of supervi sory category-Need not have powers of controlling finances of the concern or entering into contract with outside agencies or to take independent decisions with regard to policy matters or even to appoint and dismiss employees-Without such powers one can be an employee of supervisory category so as to be excluded from definition of worker-Supervisor, even without powers of appointment and dismissal performing duties of supervising work of manual workers or clerks, held, not a worker. (b) East Pakistan Employment of Labour (Standing Orders) Act (VIII of 1965), S. 4(2) read with S. 2(p)-Probationer not appointed against any permanent post-Not entitled to be deemed as permanent after three months in terms of S. 4(2) Probationer appointed against permanent vacancy-Does not ipso facto become permanent unless on conclusion of probationary period, allowed by employer to continue in service either expressly or impliedly. JUDGMENT SIDDIKY, C. J.-This is an application by Pakistan National Oils Ltd., under Article 98 of the late Constitution of Pakistan challenging the validity of an order passed by the Second Labour Court of East Pakistan. The facts in short necessary for disposal of this application are that respondent No. 3 Kazi Anwarul Islam applied for the post of the Operation Supervisor-cum-Fire Supervisor under the petitioner-Company on the 10th of September 1966. In that application he gave his qualification to be a Matriculate from the P. A. F. Public School at Lower Topa, Murree and to have served in the Pakistan Air Force for 10 years as Fire Fighting and Crash Tender Operator and then as Fire Squadron Leader in Fenchuganj Fertilizer Factory of the East Pakistan Industrial Development Corporation. He was a non-Commissioned Officer in the Pakistan Air Force. On this application the petitioner-Company on the 20th of September 1966, appointed him as a probationer on a basic salary of Rs. 350 per month and Dearness Allowance of Rs. 140 per month for a period of 12 years. Clause 4 of the letter of appointment dated 20th September 1966, was to the…