Case Details

Citation(s)
1981 SLG 3021 = 1981 SLD 3021 = 1981 PLC 16
Labour Appellate Tribunal, Sindh
Appeal No. KAR-559 of 1980, heard on 26th October 1980.
Presented By: Z. A. Channa, Appellate Tribunal
Wazir Ali F. Wazir for Appellant. S. M. Yaqoob for
Respondent.

DOST MUHAMMAD BHOJANI

VERSUS

QUALITY STEEL WORKS LTV.

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A

Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 12(3)

Industrial Relations Ordinance (XXIII of 1969)  S. 25-A read with West Pakistan Industrial and Commercial Employ ment (Standing Orders) Ordinance (VI of 1968), S. O. 12(3) Termination of service challenged as violative of S. O. 12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968-Petition before Labour Court under S. 25-A of Industrial Relations Ordinance, 1969 maintainable only if peti tioner a worker under West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968-Onus of proof on petitioner-No proof adduced-Record indicating petitioner per forming supervisory functions and controlling of work of staff working under him-Petitioner, in circumstances, held, not a worker and petition rightly dismissed as not maintainable. Johnson & Johnson v. Zubair Ahmed 1980 P L C 622 rel. Date of hearing : 26th October 1980.                                                                                                                                      DECISION The services of the appellant, who was lastly employed in the respondent -Corporation as Accounts Officer, were terminated, vide letter, dated 13-12-1976, with one month's pay in lieu of notice. The appellant challenged the orders of termination of his services before the learned Third Labour Court which dismissed his grievance petition on the ground that the appellant was not a workman for the purposes of the Industrial Relations Ordinance or the Standing Orders Ordinance. Aggrieved by this decision, the appellant has come up to this Tribunal in appeal. 2. The sole issue which fails to be considered in this appeal is whether the appellant is a workman for the purposes of the Standing Orders. Since the appellant had challenged the termination of his services, his grievance petition would only be maintained…
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