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

Section: 2(i)

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S. 2(i)-''Worker"--Travelling salesman-Whether a worker Petition against dismissal under S. 25-A dismissed by Labour Court holding that Travelling Salesman was not a worker-Petitioner claiming nature of duties as manual and clerical inasmuch as walk ing on foot for several miles, doing up accounts, physical handling of tea packages and sometimes pushing cart with salesman-No evidence led before Labour Court-Order of Labour Court, its circumstances, set aside by Appellate Tribunal and matter remanded for decision afresh after obtaining evidence. Brooke Bond (Pak.) Ltd. v. General Secretary Union Karkunane Brooke Bond Ltd. P L D 1969 Lah. 717 and Dentogene Laboratories v. Sind Labour Appellate Tribunal 1978 P L C 196 ref. Date of hearing : 9th March, 1980.                                                                                                                                                        ORDER The appellant, who was admittedly employed by the respondent com pany, Messrs Brooke Bond Pakistan Ltd., as a travelling salesman, was dismissed from service, with effect from 8th January 1979, after a domestic enquiry in which his misconduct is said to have been established. The appellant challenged his dismissal orders before the learned Labour Court which has taken the view that the appellant's grievance petition was not maintainable as he was not a workman for the purposes of the Standing Orders. In coming to this decision, the learned Labour Court has relied upon the decision of the Lahore High Court in the case of Brooke Bond Pak. Ltd. v General Secretary Union Karkunane Brooke Bond Ltd. (P L D 1969 Lah. 717) and the decision of the Karachi High Court in the case of…