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

Section: 2(i), 3

Law: Industrial Disputes Act, (XIV of 1947)

Section: 2(5)

Law: Industrial Disputes Ordinance, (LVI of 1959)

Section: 2(n)

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 15, 25-A, 53

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) Ss. 2(i) & 3-"Workman"-Medical representative having in course of his employment to forward daily sales summary report to employer, his salary fixed, with promise of incentive bonus, and daily sales to be carried out in his own discretion-A salesman and not a workman Salesman-Not entitled to protection of Standing Orders-Industrial Disputes Act (XIV of 1947), S. 2(5)-Industrial Disputes Ordinance (LVI of 1959), S. 2(n). A salesman, for the nature of duties he performs, for the independence of action which he obtains and for the initiative and imagination that he exercises, is not doing the inferior work which is normally called manual or clerical work. He may be doing some manual or clerical work in order to accomplish his functions but the predominant functions and duties of a salesman are of a specialised nature designed to achieve the end of promoting sales, entering in competitive field with other producers and finding best available markets. Such type of labour cannot be called manual or clerical. The common thread underlying definition of "workman" in labour statutes is that he should be a person who should be engaged in doing skilled or unskilled, manual or clerical work. For enforcement of rights of workmen guaranteed by the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, the definition of workman in that statute has to be followed. A salesman employed in a commercial concern cannot be termed to be a "workman" so as to have the protection of the Standing Orders contained in the Schedule to the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Pakistan Tobacco Company Ltd. v. Pakistan Tobacco Company Employees' Union and 2 others P L D 1961 S C 403; Chairman, Brooke Bond (Pakistan) Ltd. v. General Secretary, Union Karkunane Brook Bond (Pakistan) Ltd. P L D 1969 Lab. 717 and May & Baker (India) Ltd. v. Their Workmen 1961 P L C 1127 rel. Muller & Philips (Pakistan) Ltd. v. District Magistrate, Karachi P L a 1974 Kar. 261 ref. (b) Industrial Relations…