Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- -- S. 2 (i) and S. O. 12 (3)-Termination of service allegedly wrongful-Remedy available to workman-Employee (peti­tioner) whether or not a workman-Burden of proof lies upon petitioner-To prove nature of duties as of clerical or manual labour-Test-Direct immediate and substantial part of duty for which employed and not sundry duties incidentally performed ­Administrative Officer mainly responsible to work as liaison officer to contact various offices of Government in connection with obtain­ing passport and visa for staff of employer company and provided with a clerk, a typist, a chowkider, a cook and a driver although without powers of hire and fire-Substantial duties, held, could not be assimilated to clerical or manual work hence petitioner not treated as workman hence not entitled to file grievance petition against ter­mination of service-Grievance petition-Industrial Relations Ordinance (XXIII of 1969), S. 25-A. Johnson & Johnson v. Zubair Ahmed and another 1980 P L C 620; Chair­man Brooke Bond (Pakistan) Ltd., v. General Secretary, Union Karkunane Brooke Bond, 1969 P L C 616 and Pakistan International Airlines v. Chair­man, Punjab Labour Appellate Tribunal, P L 0 1979 Lab. 415 rel, (b) Industrial Relations Ordinance (XXIII of 1969)- -----S. 2 (VIII) (c) and S. 25-A--"Employer"--Secretary to Federal Government ex-officio Chairman of a Company though not dealing with day-to-day affairs of the Company-Covered by definition of "employer" -Grievance notice to such Chairman, held, quite valid, Rafat Usmani for Appellant. M. M. Jeelani for Respondent. Date of hearing; 23rdAugust, 1981. ORDER The respondent, who was originally employed as Steno typist with effect from 8th October, 1973, by the National Construction Company, the appellants herein, gradually rose to the rank of Administrative officer with effect from Ist January, 1975. However, his services were terminated with immediate effect, vide, the appellants letter, dated 23rd February, 1979, on the ground that they were no longer required. The respondent challenged the termination of his services before the…

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