Law:

Section:

(Q) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)----- ---- S. 2(i)-Workman-Employee receiving commission and not regular wages for his Labour-Not excluded from definition of workman. Question before the Labour Appellate Tribunal was whether a per son engaged by the Cafe on commission basis for supply and serving food to customers outside the premesis of Cafe was a workman for the pur­poses of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Held, the mere fact that an employee receives commission for his Labour and is not in receipt of regular wages, would not exclude him from the definition of "workman" as given in the Standing Orders. It may be pointed out that the words used in the definition are "hire or reward'", and not wages, allowance or remuneration. The words "hire or reward" are words of wide amplitude. According to Ballentine's Law Dictionary, "hire" means: "to employ a person ....The amount paid or to be paid for the services of a person". The same Dictionary defines the word "reward". The ordinary definition of reward, according to the Shorter Oxford Dictionary, is a return or recompense made to or received by a person for same service or merit. In Law Terms & Phrases, Judi­cially interpreted, by Sardar Mohammad Iqbal Khan Mokal, the word "reward" has been defined as "a recompense for anything done". A recompense can take any form and may be in cash, kind, service or in some other mode. In case there is a contract of employment between the parties and the employee or the person engaged receives payment in cash, kind or in any other form, including commission, he would fall within the definition of workman as contained in the Standing Orders, if he is employed to do any manual or clerical work. It may, however, be emphasised that the essential link between the parties is the contract of employment which may be written or oral. The old conception that a person. would be deemed to be in the employ of his employer only if the employer has the authority not only to direct that work is to be done by such a person but also to supervise the manner in which such…

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