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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- -- S. O. 12 (3)- Workman - Burden of proof - Claim to be a workman for purpose of Standing Orders Ordinance--Burden of 'proof, held, lies upon person making such claim. Johnson & Johnson v. Zubair Ahmed 1980 P L C 622 ref. Wasiullah Qureshi for Appellant. DECISION These are three separate appeals against different but similar decisions given by the learned Vlth Labour Court on 13th October, 1980, dismis­sing the grievance petitions of the three appellants on the common ground that being Chowkidar (Watchman) they cannot be deemed, to be workman for the purposes of the Standing Orders and accordingly are not entitled to file and maintain grievance petitions under clause (3) of Standing Order 12 read with section 25-A, 1. R. O. In coming to these decisions the learned Labour Court has relied upon the decision of this Tribunal in the case of Khudadad Khan v. National Construction Company, that a Chowkidar was not employed to do manual or clerical work. The latest decision of this Tribunal on this issue is in the case of Mohammad Shafi Tanneries v. Majeedullah, decided on 21st April; 1980, wherein it was observed as follows:- "This brings me to the consideration of the second issue, namely, whether the respondent is a workman for the purposes of the Standing Orders Ordinance. It is the case of the respondent that he was a workman employed to do general duties. However, apart from his bare word, he was unable to adduce any evidence to show that he was employed to do general work and not as a Chowkidar, as asserted by the appellant industry. The contention of the respondent that he was employed as a general workman is belied by the vouchers admittedly bearing his thumb impressions wherein he has been described as a Chowkidar. Apart from this strong piece of evidence controverting the respondent's claim, another Chowkidar in the appellant industry, by name Abdul Hakeem, as well as the Labour Officer of the industry; have cate­gorically stated that the respondent was employed as a Chowkidar. They have further denied that the respondent was employed for or required to…

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