| Citation(s) |
|---|
| 2003 SLG 4002 2003 SLD 4002 = 2003 PLC 8 |
Labour Appellate Tribunal, N.W.F.P.
Appeals Nos. 77 and 76 of 2001, decided on 2nd August, 2002.
Presented By: Justice Mian Shakirullah Jan, Chairman
Abdul Shakoor Khan for
Respondent.
Appeals Nos. 77 and 76 of 2001, decided on 2nd August, 2002.
Presented By: Justice Mian Shakirullah Jan, Chairman
Abdul Shakoor Khan for
Respondent.
MUHAMMAD SALEEM AWAN
VERSUS
N.-W.F.P. FOREST DEVELOPMENT CORPORATION through Managing Director, Office Enclave Phase-V, Hayatabad, Peshawar and another
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)---- ----Ss.2(xxviii) & 25-A---West Pakistan Industrial .and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)-- "Workman"---Determination of---Grievance petition ---Maintainability-- Evidence on record though had shown that employee was delegated financial powers, but those powers were never exercised by employee in letter and spirit---All electric bills, vouchers and statements of accounts etc. were sent to employee for its onward submission to Project Director, who used to accord sanction in all matters---Final Authority thus was Project Director and not the- employee---Employee in his service career spreading over more than one decade, had never terminated or appointed any person, which proved that he had no hire and fire powers---Mere delegation of financial powers given to employee would not oust the employee from definition of workman---Evidence produced by employers had abundantly revealed that employee belonged to category of workman as most of duties performed by him were-manual and clerical in character---Employee who was proved to be workman, could file grievance petition against his grievances---Grievance petition which was not barred by time was rightly allowed by Labour Court. Mustehkum Cement Ltd. through Managing Director v. Abdul Rashid and others 1998 SCMR 644 = 1998 PLC 172 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- --Ss.25-A & 51---Recovery of outstanding dues---Grievance petition--- Maintainability---Grievance petition filed by employee had shown that employee had prayed for recovery of outstanding dues which were denied to him in disregard of settlement/agreement arrived at between Collective Bargaining Agent and employers---Prayer of employee attracted S.51 of industrial Relations Ordinance, 1969, besides his mentioning of Ss.25-A & 51 of the Ordinance in the heading of grievance petition---Mere wrong addition or mention of provision of law in a petition before Labour Court would not disentitle or deprive employee from relief for which he was entitled under law---Petition filed by employee under S.51 of…