Case Details

Citation(s)
1971 SLG 3070 1971 SLD 3070 = PLC 1971 334
Punjab Labour Appellate Tribunal
Application No. 337 of 1970, decided on 26th January 1971.
Presented By: Mahmood Ahmad Soofi, Chairman, Salah-ud-Din Gauhar and Fazal Elahi Qurban, Members

MANGA KHAN

VERSUS

PUNJAB ROAD TRANSPORT CORPORATION, LAHORE

Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 2

West Pakistan Industrial and Commercial Employment (Stand ing Orders) Ordinance (VI of 1968) S. 2(i) read with S. O. 18(b) Bus driver receiving monthly salary-Not a "workman", hence, nor entitled to institute complaint under S. 18(b)-[Road Transport Corporation case]. It is, indeed, a fact that any bus driver who receives a monthly salary from the Road Transport Corporation cannot be deemed to be a workman within the meaning of that term as defined in section 2(i) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. A bus driver does not perform any skilled, or unskilled manual or clerical work. The expression manual work denotes any set: of physical labour directly connected with the process of production of some manufactured physical product in an industrial establishment. It stands to reason that the Road Transport Corporation is not an industrial establishment within the meaning attached to that expression in clans: (f) of section 2 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. On the other hand it is extremely problematical whether the Punjab Road Transport Corporation can be described as a commercial establishment within the definition expounded in section 2(b) of the same Ordi nance. A bus driver employed in the Government Transport Service on a monthly salary cannot be deemed to be any sort of workman who might be entitled to institute any complaint in the Labour Court under Standing Orders No. 18(6) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. DECISION MAHMOOD AHMAD SOOF1 (CHAIRMAN).-This complaint has been instituted by the petitioner/complainant Manga Khan 'the son of Chand Khan under Standing Order No. 18 (b) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. It is directed against the order' dated 5-9-1970 passed under the authority of the 'respondent Punjab Road Transport Corporation, Lahore by which the. service of the petitioner in the capacity of a driver in the employment of the respondent was terminated. In his complain be petitioner complainant…
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