Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- -----S. 2(i) read with Industrial Relations Ordinance (XXIII of 1969), S.25-A-Workman-Executive Engineer with Assistant Engineer under his supervision-Assistant Engineer supervising work of Super­visors-Executive Engineer not performing any manual or clerical work-Not a workman-Grievance petition against termination of service of such Executive Engineer-Not maintainable before Labour Court. A. R. Puri for Appellant. Date of hearing: 14th October 1980. DECISION The services of the appellant, who was lastly employed in the res­pondent Corporation as an Executive Engineer on total emoluments of Rs. 2,875 per month, were terminated by an order, dated 2nd August 1978. The appellant challenged the said order by way of a grievance petition before the learned Labour Court which has dismissed his peti­tion on the grounds, firstly, that admittedly the I.R.O. is not applicable to the respondent-Corporation, its application having been excluded by the Notification of the Ministry of Defence, dated 9th September 1976, and secondly, that the appellant was not a workman for the purpose of the Standing Orders, as he was mainly supposed to execute the works in charge through his subordinates and skilled and unskilled labour under him. 2. According to the averments made by the appellant himself in his grievance petition, he was originally employed in the respondent-Corporation as Works Officer, later promoted as Assistant Engineer and subsequently promoted as Executive Engineer. It also appears from the instructions given by the appellant to his Assistant Engineer on 16th July 1978 that there are supervisors working under the Assistant Engineer. The appellant, thus, was four steps higher in status the Supervisors entrusted with the supervision of works. Apart from this, there is no evidence to show that the appellant was employed to do any manual or clerical work, whether skilled or unskilled, which is an essential require­ment under the Standing Orders Ordinance. Even the appellant himself has not stated either in his grievance petition or in his evidence before the Labour Court that…

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