Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 2(ix), (xxvi), (xxviii), 6

(a) Industrial Relations Ordinance (XXIII of 1969), Ss. 2(ix), (xxvi), (xxviii) & 6 - Municipal Committee - Neither an "industry" nor an "establishment" within meaning of S. 2(ix)---Octroi clerk of municipal committee employed on monthly salary-- Not a person employed for hire or reward- Such employees of municipal committee, held, not "workmen" in terms of S. 2(xxviii)---Application for registration of Trade Union consisting of octroi clerks of municipal committee as members thereof, in circumstances, held, rightly and lawfully rejected by Registrar of Trade Unions. (b) Industrial Relations Ordinance (XXIII of 1969), S. 2(xxviii)-Salaried employee-Not a person employed on "hire or reward" It is as clear as day-light that a clerk employed by any sort of organisation or government department is a salaried employee of that organisation or government department. The two differ ent terms `hire' and `reward' cannot be applied to a salaried employee by any stretch of the human imagination. Indeed, it would be a flagrant violation of the usage of the English language to regard the salary of any sort of employee either as a form of hire or as form of reward. The term salary denotes a fixed payment made by an employer to an employee at regular intervals for services performed by the employee, which services are usually other than manual or clerical in nature. A monthly salary, for instance; is neither a form of hire nor a species of reward. It is manifestly a form of remuneration that excludes the distinct form described in technical parlance as 'hire'. On the other hand the term 'reward' does not necessarily imply any pecuniary reward since a person can be rewarded for his work in kind as well as in cash and that reward can be given to an employee without reference to any rules relating to remuneration. DECISION MAHMOOD AHMAD SOOFI (CHAIRMAN).-This appeal purports to have been instituted under section 9 (3) of the Industrial Relations Ordinance, 1969. The appellant has described himself as the Vice-Chairman of the Municipal Employees' Union, Toba Tek Singh, District Lyallpur. The appeal is directed…