| Citation(s) |
|---|
| 1971 SLG 3081 1971 SLD 3081 = 1971 PLC 388 |
Punjab Labour Appellate Tribunal
Application No. 39 of 1971, decided on 16th January 1971.
Presented By: Mahmood Ahmad Soofi, Chairman
Application No. 39 of 1971, decided on 16th January 1971.
Presented By: Mahmood Ahmad Soofi, Chairman
ABDUL RAUF CHAUDHRY
VERSUS
Rana ALLAH DAD, MANAGING DIRECTOR, ITTEHAD PUBLICATIONS LTD., KOHISTAN, LAHORE
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 34, 2
(a) Industrial Relations Ordinance (XXIII of 1969)------- ----S. 34 [as substituted by Industrial Relations (Amendment) Ordinance (XIX of 1970), .S. 18 read with Industrial Relations Ordinance (XXIII of 1969), S. 2]-Worker-Workman-Application under S.34-Appli cant not indicating to have been employed for hire or reward nor indicating exact nature of duties performed by him-Exact date of his employment and terms and conditions of same also not indicat ed-Applicant in circumstances, held, cannot be presumed to be a workman, employed for either hire or reward. (b) Industrial Relations Ordinance (XXIII of 1969)-------- -----S. 2(ix), (xiv) -Petition not explaining exact nature or structure of organi sation--No factual or legal justification, held, exists, in circum stance, to assume organisation as being an establishment or industry-Individual employer cannot legally be regarded as either an establishment or an industry. (c) Industrial Relations. Ordinance (XXIII of 1969)------- -----S.34 read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 18-Exact right guaranteed or secured to petitioner under any law or award or settlement not specified Petitioner obviously not office-bearer of any registered Trade Union as distinct from ordinary member-Petition challeng ing termination of appointment under S. 34, held, not maintainable-Petitioner, held further, should, in circumstances, have instituted complaint under S. O: 18 of Ordinance VI of 1968. ORDER This application has been filed by the above-named petitioner under section 34 of the Industrial Relations Ordinance, 1969. In it, it has been alleged that the respondent, i.e. Rana Allah Dad, Managing, Director, Ittehad Publications Limited Kohistan Lahore, has violated the provisions of sections 15 and 47 of the afore mentioned Ordinance. The petitioner has mentioned in his appli cation that he was a Sub-Editor, employed by the Management of the daily Newspaper `Kohistan' in Multan. In his application the petitioner has asserted that he is an active member of the Kohistan Employees' Union (Regd.) Multan. That Union addres sed a demand notice on the date…