Law:

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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- --- S. 2 (i) and S. 0.12 (3) read with Industrial Relations Ordinance (XXIII of 1969), S. 25-A-Grievance petition before Labour Court against alleged wrongful termination of service--Maintainable only by a workman-Whether petitioner a workman-Onus of proof-­Upon person seeking remedy i.e. petitioner-Bank employ promoted from clerical staff as Officer Grade III---Promotion order indicative that he was entering a new phase of career involving greater sense of responsibility and with expectations of better per­formance-No indications that after promotion was to perform duties substantially of clerical nature-Such employee, in circum­stances, held, rightly held to be not a workman and not entitled to grievance petition against termination of service. Allied Bank of Pakistan v. Suleman Hussain Shah 1980 P L C 81; Jasmine Cotton & Silk Mills v. Shujahat Ali 1974 P L C Note 28 at p. 17 ref. Johnson & Johnson v. Zubair Ahmed 1980 P L C 622 and Chairman, Brooke Bond Ltd. v. Union Karkunane Brooke Bond P L D 1969 Lab. 717 and Salahuddin Masood v. Pakistan and others C. P. S. L. A. No. X.89 of 1975 (unreported) ref. All Amjad for Appellant. M. A. Khan for Respondent. Date of hearing: 9thApril, 1981. DECISION The sole point which falls to be determined in the instant appeal under section 37 (3) of I. R. O., is whether the appellant is a workman for the purposes of the Sind Industrial & Commercial Employment (Standing Orders) Ordinance, 1968, and is entitled to file and maintain a grievance petition under clause (3) of Standing Order 12 read with section 25-A, I. R. O. 2. The appellant, who was originally employed in a clerical capacity, was appointed as Officer Grade III, in the United Bank Limited, the respondents herein, vide letter, dated 2nd June, 1976. It appears that tile appellant was arrested on 29thJune, 1977 in connection with an incident which is said to have occurred on 27thJune, 1977 in the office of the U. B. L. Mazdoor Union of which Union the appellant claims that he was the General Secretary. The appellant is said to have remained in custody in…

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