| Citation(s) |
|---|
| 1982 SLG 1452 1982 SLD 1452 1982 PLC 228 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR 193 of 1981, heard on 27th May, 1981.
Z. A. CHANNA, APPELLATE TRIBUNAL
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Appeal No. KAR 193 of 1981, heard on 27th May, 1981.
Z. A. CHANNA, APPELLATE TRIBUNAL
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MOHAMMAD SADIQ
VS
MESSRS COTTON EXPORT CORPORATION OF PAKISTAN LTD., KARACHI
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)----- ----S. 2 (i) and S.O. 12 (3)-Chowkidar - Not a workman-Main and principal duty that of Chowkidar--Performing duty of counting and marking cotton bags merely incidental to main duty Would not alter status to that of a workman - Not entitled to grievances petition against termination of service alleged as contrary to S. O. 12 (3) - Grievance petition--Industrial Relations Ordinance (XXIII of 1969), S. 25-A. Johnson & Johnson v. Zubair Ahmad 1980 P L C 622 and Brooke Bond (Pak.) Ltd. v. General Secretary, Union, Karkunane, Brooke Bond P L D 1969 Lah. 717 rel. Appellant in person. Date of hearing: 27thMay, 1481. DECISION By its decision, given on 1st March, 1981 the learned Vth Labour Court, has dismissed the grievance petition of the appellant, challenging the termination of his services, on the ground that being Chowkidar he was not a workman for the purposes of, the Standing Orders and thus was not entitled to file and maintain such grievance petition under clause (3) of Standing Order 12. In coming to this decision the Learned Labour Court has relied upon the decisions of-this Tribunal in the cases of Johnson and Johnson v. Zubair Ahmed (1980 P L C 622), Syed Lai Khan v. Rex Talkies and Khudadad Khan v. National Construction Company, in the Johnson & Johnson case it was held by this Tribunal that except in those cases where the termination of services of a worker is in consequence of or has led to an industrial dispute, the worker was not entitled to file -a grievance petition against such termination unless he was a workman for the purposes of the Sind Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. In the latter two cases it way held by this Tribunal that a Chowkidar is not a workman for the purposes of the Standing Orders as he is not employed to do any manual or clerical work. 2. As Mr. S. P. Lodhi, the learned Reprsentative of the appellant is absent. I have not had the benefit of hearing has arguments but have heard the appellant in person. 3. It is not disputed that the appellant was employed by the respondent…
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