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Constitution of Pakistan (1973)- --- Art. 199 read with Industrial Relations Ordinance (XXIII of 1969), S. 25-A., West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) and West Pakistan Shops and Establishments Ordinance (XXIII of 1969)-.Workman having worked as mechanic in a workshop employing four workers in all, not an employee of Industrial or' Commercial establishment within meaning of Standing Orders Ordinance-No provision in Shops and Establish­ments Ordinance for re-instatement in service-Remedy under S. 25-A, Industrial Relations Ordinance not available to such workman, in circumstances of case-Order passed by Labour Court directing re­instatement of such workman with back benefits -Held, without jurisdiction and having no legal effect. 1977 P L C 223 ; 1978 P L C 271 and 1978 P L C 420 ref. S. Mushtaq Hussain for Petitioner. Wahid Bux, Attorney for Respondent No. 1. Nemo for Respondent No. 2. Date of hearing : 6th November, 1978. JUDGMENT This constitutional petition under Article 199 of the Constitutions is directed against the order of Labour Court No. 6, Hyderabad passed on an application under section 25-A of Industrial Relations Ordinance, 1969 filed by one Khushal Khan for his re-instatement in service with full back benefits and payment of his dues including cost of living allowance. 2. It was the case of the respondent Khushal Khan that he was employed as a motor mechanic in the garrage of petitioner Fazal Illahi on monthly salary of Rs. 200. The petitioner neither paid him cost of living allowance nor the increase in salary as ordered by the Government from time to time. Thus from August, 1973 to 30th June, 1976 Rs. 2,833.33 became due to him. This amount was refused to him by the petitioner who turned him out from service. The case before the lower Court proceeded ex parte as neither petitioner nor his Advocate happened to be present on the date of hearing. The application was accordingly allowed by the Labour Court and the petitioner was ordered to pay the arrears of wages amounting to Rs. 2,833.33 and the respondent was directed to be re-instated in services by the petitioner with all the back…

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