Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 2 (xxviii), 25-A

Law: Limitation Act (IX of 1908)

Section: 3

(a) Industrial Relations Ordinance (XXIII of 1969)  S. 2 (xxviii)--Workman--Question whether a person is employee of company or not--Depends upon circumstances of each cfse-Held, such question can be determined only after evidence allowed to be led--Objection can be raised and decided by Labour Court on merits after recording evidence. Pakistan Burmah Shell Ltd. v. Sind Labour Court No. IV, Karachi P L D 1979 Kar. 109 ref. (b) Industrial Relations Ordinance (XXIII of 1969)  S. 25-A, proviso (4) and Limitation Act (IX of 1908), S. 3 Limitation-Contention that application joining petitioner having been filed 18 months after arising cause of action, hence, barred under proviso (4)--Order of Labour Court impleading petitioner as party though not basically incorrect, Court having such jurisdiction yet incumbent upon Labour Court to consider question of limita tion before further burdening petitioner with any responsibility of defending proceedings. Reliance Bank Ltd. v. United Bank of India Ltd. P L D 1971 Dacca 15 ref. Date of hearing : 31st March, 1979.                                                                                                                             JUDGMENT This is a petition directed against the order dated 9-10-1976 ; passed by the Sind Labour Court No. V1, Hyderabad. The relevant facts are that the respondent No. 2 was employed by one Doctor Qazi respondent No. 1, by agreement dated 28-1-1975 to work in the clinic of the petitioner as a contractor for respondent No. 1. The respondent No. 1 was himself working as a contractor for the petitioner with the designation as Chief Medical Advisor. The codtract with respondent No. 2 was terminated by respondent No. 1 on 28-3-1975. The respondent No. 2 sent grievance notice on 2-4-1975 to the petitioner as well as respondent No. 1 and filed an application under section 25-A of 1.…