Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) -----S. 2(i) and S. O. l(b) read with Industrial Relations Ordinance (XXIII of 1969), S. 2 (xxviii)-Person employed on contractual basis for 2 years-Contention that he supervised work of four other workers-Work likely to last more than 9 months-Enjoyed no power of hire and fire workmen-Such poison, held, a workman and within ambit of permanent workman notwithstanding nature of contractual work. Abdul Latif Afridi for Petitioner. Fateh Muhammad Khan for Respondent Dates of Institution t 4th February, 1977. ORDER Nowshad Khan has filed the present petition under section 25-A of the Industrial Relations Ordinance, 1969 for his re-instatement and also for back benefits and wages against Messrs Hashtnagar Industries. The facts alleged in the petition are that the petitioner was employed in the respondent establishment as Fabricator since 6th March 1975, as a permanent workman. He was verbally dismissed from service on 27th December 1976, for no reason at all. The petitioner claims to have served a grievance notice on the respondent but the respondent did not give reply. The petitioner has filed the present ' petition but the procedure prescribed under sections 12 and 15 of Standing Orders Ordinance, 1968, was not followed hence the order of dismissal/, termination from service is illegal. This petition has been contested by the respondent who filed the written statement on 28th March, 1977. The second point that it hoe been raised in the arguments is a to whether the petitioner is a workman as defined in Industrial Relations Ordinance, 1969 and Standing Orders Ordinance, 1968 and second as to whether the petitioner had or had not served a grievance notice as contemplated under section 25-A of the Industrial Relations Ordinance, 1969. Arguments heard and record perused. It is an admitted fact that the petitioner was employed on the basis of a contract for two years by the respondent. The contention of the learned counsel for the respondent is as the petitioner was contractual worker and does not fall within any of the category given in Schedule of section 2-G of Standing Order…

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