Law:

Section:

West Pakistan Industrial and Commercial Employment (Stand ing Orders) Ordinance (VI of 1968)------- ---S. 2(i) and S. O. 18(b) Mining Sardar performing duties of supervisory nature.-Not a "workman"-Cannot invoke jurisdiction of Labour Court under S. O. 18(b) against termination of service. DECISION MAHMOOD AHMAD SOOFI (CHAIRMAN).-This complaint under Standing Order No. 18 (b) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 has been instituted by the petitioner Kamal Khan, the son of Ali Khan. It is directed against Mr. Khalid Aziz, Senior Mining Engineer, Makerwal Collieries, Makerwal (Mianwali) as the respondent. In his complaint the petitioner has submitted that he was working as a Mining Sirdar tinder the supervision of the Manager (D) Section. On the date 26th May 1970, the respon dent received a report from Muhammad Siddiq, Safety Engineer, and Muhammad Yaqoob, Head Surveyor, to the effect that certain tunnels had been shown and paid for as 349 feet: A copy of that report is attached herewith as Annexure 'B'. On receiv ing that report the respondent suspended the petitioner from his post on the date 26th of May 1970. On the 30th of May '1970 the respondent extended .the period of his suspension from the 30th of May 1970 until the 2nd June 1970. The respondent then constituted an enquiry board for the purpose of inquiring into the charges against the petitioner. Eventually, on the date 6-7-1970, the respondent, after holding the petitioner Kamal Khan to be guilty of misconduct under Standing Order. No. 15 (3) (b) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, dismissed the petitioner from service with immediate effect. According to - the petitioner no adequate opportunity of defending himself was afforded to the petitioner. The petitioner has, therefore, prayed that this Court might order his reinstate ment in service under Standing Order No. 18 (b) of the West Pa kistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. A reply to the petitioner's complaint was submitted on behalf of the respondent by. Mr. Mahmood Zaman,…