Case Details

Citation(s)
1987 SLD 222 = 1987 PLD 175

Constitutional Petition No. D-1007 of 1981, decided on 8th December, 1986.
Nasir Aslam Zahid and Mamoon Kazi , JJ

RAB NAWAZ-Petitioner

VERSUS

SIND LABOUR APPELLATE TRIBUNAL AND 2 OTHERS-- Respondents

Law:

Section:

MAMOON KA2t, J.-This petition calls in question the two orders, passed by the learned Labour Appellate Tribunal, Karachi and the Fourth Sind Labour Court, Karachi, dated 1-6-198 23-4-1981 respectively , holding that the petitioner was not a workman and, therefore, not entit seek relief under section 25-A of the I. R. O.   The facts of the case are, that the petitioner was employed as Chowkidar in the Rice E Corporation of Pakistan Ltd., the third respondent herein. He allegedly committed miscond consequence whereof he was dismissed from service by the respondent on 14-10-1978 petitioner then filed a grievance petition against the third respondent before the learned Fourth Labour Court, Karachi, which was allowed, but the respondent was permitted to hold a enquiry against the petitioner. Pursuant to this order a fresh enquiry was held against the peti and the petitioner was again dismissed from employment on 22-7-1980. He then filed an grievance application before the learned Labour Court which was resisted by the third responde the plea that the petitioner was not a "workman" within the meaning of the term as defin section 2(i) of the West Pakistan Industrial and Commercial Employment (Standing O Ordinance, 1968 (hereinafter referred to as "the Ordinance"). This preliminary objection was u by the learned Labour Court, holding that the nature of duties being performed by the petition not attract the aforesaid definition to his case. The petitioner filed an appeal before the le Labour Appellate Tribunal but the same was also dismissed as the order passed by the Le Labour Court was upheld.   There has been no contest on the point that a person whose services have been terminated o has been removed, retrenched, discharged or dismissed from employment, in order to ava remedy before the Labour Court under section 25-A of the I. R. O., must be a "workman" acco to the definition of the term in the Standing Orders Ordinance, since it is section 12(3) o Ordinance which specifically provides a remedy for such person by filing of a grievance pe before the Labour Court. The only argument of Mr. Mirza Muhammad Kazim, learned couns the…
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