Law:

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Industrial Relations Ordinance (XXIII of 1969)- ----S. 2(xxviii)-"Worker"-Driver promoted as Transport Supervisor­-Basic duty as driver, however, not affected even after promotion-­Such person, held, continues to be a worker-Sitting idle some­times during duty hours, held, does not alter category of person. M. A. Khan for Appellant. Riaz Hussain Baluch for Respondent. Date of hearing: 19th July 1977. DECISION This is an appeal against the order of the Labour Court ordering, re­instatement of the respondent with all back benefits. 2. The respondent was in the permanent employment of the appellant. He was originally, appointed as a driver on 1st June, 1965. Subsequently on 1st January, 1968 he was promoted as Head Driver and later he was promoted as Transport Supervisor on 1st July, 1974 on the following terms and conditions :- "Your now salary will be intimated to you after approval by the head office. You will be entitled to a uniform similar to the one of the catering agents. Please contact Mr. Bhappu who will do the necessary. In this new function you will be responsible not only for the drivers but also for the servicing of the cars, VW-minibuses, trucks, highloaders and trolleys. Mr. Momin Hussain will assist you. For the cleaning of the vehicles in and outside, KHITH will delegate a sweeper. Your driving duties will not be affected." 3. On 27th December, 1976 and 30th December, 1976 he was charge­sheeted for having committed some misconduct in violation of certain orders and instructions issued by the Management. The respondent submitted his explanation to the charge-sheet. This was considered unsatisfactory and, therefore, his service was terminated by way of dismissal on 13th January, 1977 without any inquiry. He served a grievance notice and thereafter approached the Labour Court under section 25-A, Industrial Relations Ordinance. 4. The application was resisted. It was inter alia pleaded that the respondent was not a workman but a Supervisor and he was drawing Rs. 1,093 as his pay per month. 5. Evidence was tendered by both the parties. On the assessment of the evidence and considering the various authorities which were reported before the learned…

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