Case Details

Citation(s)
1981 SLG 3342 = 1981 SLD 3342 = 1981 PLC 319
Labour Appellate Tribunal, Sindh
Appeal No. KAR-554 of 1980, decided on 29th September, 1980.
Presented By: Z. A. Channa, Appellate Tribunal
Muhammad Ahmad for Appellant.'

ALI MUHAMMAD

VERSUS

MESSRS KARACHI ELECTRIC SUPPLY Co. LTD., KARACHI

Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: 2(i)

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S. 2(i)-"Workman"-Assistant Accounts Officer performing no manual or clerical work and salary Rs. 2,700 p. m.-Incharge of a section and competent to sign cheques up to Rs. 10,000, and issue in structions to lower staff-Not a workman-Fact that such person was working under supervision of Chief Accounts Officer, held, would not make him a workman-Such person, held not entitled to make grievance petition before Labour Court against termination of service Industrial Relations Ordinance (XXIII of 1969), S. 25-A.                                                                                                                                                 ORDER The appellant, who was retired from the service of the Karachi Electric Supply Corporation as Assistant Accounts Officer filed a grievance petition under section 25-A, Industrial Relations Ordinance, before the learned Vth Labour Court, claiming that whereas he was entitled to gratuity of Rs. 78,000, on retirement, he has been paid gratuity amounting to Rs. 50,000, only. He accordingly prayed for a direction to the respondents Karachi Electric Supply Corporation to pay him the balance of his gratuity. The learned Labour Court has held that the appellant's grievance petition is not maintainable, firstly, as he is not a workman either for the purposes of the Standing Orders or the Industrial Relations Ordinance, and secondly, the provisions of the Pakistan Essential Services (Maintenance) Act are applicable to him. In support of the second ground for holding that the appellant's grievance petition is not maintainable, the learned Labour Court relied upon the decision of this Tribunal in the case reported in P L D 179 Kar. 109. 2. The appellant, having…
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