| Citation(s) |
|---|
| 1970 SLG 3003 1970 SLD 3003 = 1970 PLC 433 |
Election Tribunal, Pakistan
Appeal No. LPR-240 of 1969, heard on 6th January 1970.
Presented By: Inamullah Khan, Appellate Tribunal
Mirza Nazir Ahmad Naz for Appellant. Nasirul Hasan for
Respondent No. 1
Appeal No. LPR-240 of 1969, heard on 6th January 1970.
Presented By: Inamullah Khan, Appellate Tribunal
Mirza Nazir Ahmad Naz for Appellant. Nasirul Hasan for
Respondent No. 1
MUHAMMAD AFZAL KHAN
VERSUS
THE ROAD TRANSPORT CORPORATION, LAHORE AND ANOTHER
Law:
Section:
West Pakistan Industrial Disputes Ordinance (IV of 1968) ----S. 2(u)"Workman"-Word "hire" wide enough to include payment as "salary"-Clerk or storekeeper employed on salary basis, held, workman for purposes of Ordinance. It was contended that a storekeeper doing clerical work, who was receiving a salary, cannot be said to be doing the work for hire and as such could not be treated as a workman: Held, having regard to section 2(u) of the West Pakistan Industrial Disputes Ordinance, 1968 the spirit underlying the defini tion of workman is that a person who performs clerical work is also a workman. It is immaterial whether the remunera tion that he receives for the work that he performs is called a salary or hire or reward. The words `hire' or 'reward' are wide enough to include a payment made weekly or monthly. The word' hire', is wide enough to include the salary which is paid to a clerk for his personal services. If a narrow interpretation is given then many of the workmen, who do technical work or perform manual labour on monthly salary, will be excluded from the definition of workman. Moreover, if such a narrow definition is accepted, it would be easy for the Management to pay to its workmen every month instead of paying them every week, so that the payment may be called a salary to avoid the application of Industrial Disputes Ordinance. The word `hire' is wide enough to include the pay ment made in the shape of salary to a person performing clerical work. Date of hearing: 6th. January 1970. ORDER This is an appeal against the award of the learned Chairman of the West Pakistan Industrial Court (Central Zone), Lahore, dated 31st October 1969. The impugned order was passed on an application under section 38 of the West Pakistan Industrial Disputes Ordinance, 1968 (hereinafter called the Ordinance). The facts giving rise to the appeal briefly put are these. 2. The appellant was originally appointed as Junior Clerk on 25th October 1961, by the respondent-Corporation. He was thereafter promoted as Assistant Store Keeper, on 22nd December 1962, and then as Store Keeper on 20th April 1964. His…