Law:

Section:

Provisional Constitution Order (P. O. 1 of 1981)---- ----Art. 9 read with Industrial Relations Ordinance (XXIII of 1969), S. 2 (xxviii)--"Workman"-Definition-Dispute about status of an employee-Held, can be adjudicated only by Labour Court after recording evidence of parties-Answer to such question depends on circumstances of each case with reference to definition of "work­ man" given in S. 2 (xxviii) of Ordinance-Status of an employee within meaning of Ordinance-Held, does not depend upon designation or salary simpliciter but on duties performed by him-Such question basically a question of fact-Finding of fact recorded by a Tribunal of an exclusive jurisdiction-Held, not open to chal­lenge except in case of no evidence, misreading of evidence; bad faith, misdirection-or failure to follow prescribed procedure. Rohim Shah v. The Chief Election Commissioner of Pakistan and another P L. D 1973 S C 24 ref. (b) Industrial Relations Ordinance (XXIII o! 1969)- Ss. 25-A, 37 (3) & 38 (3)-Jurisdiction and powers of Labour Appellate Tribunal-Mere fact that Labour Appellate Tribunal ignored general observation made by Labour Court in other cases--­Held, does not in any way affect validity of its . (c) Provisional Constitution Order (P. O. 1 of 1981)--- ---- Art. 9 read with Civil Procedure Code (V of 1908), O. V1 r. 5-Sole object of writ jurisdiction-Held, to foster justice and `~`u not to perpetuate an illegality-Statement of petitioner recorded, to ascertain further and better particulars, in terms of O. VI, r. 5, Cr. P. C. Hussain Bakhsh v. The Chief Settlement Commissioner, Rawalpindi P L D 1970 S C 1 ref. (d) Provisional Constitution Order (P. O. 1 of 1981)--- ---- Art, 9 read with Industrial Relations Ordinance (XXIII of 1969), S. 2 (xxxviii) read with S. 2 (viii)' (b), (c), &)-"Work man" -Definition-Officer Grade II of Bank, according to his statement recorded in Court, responsible for supervision of clerks under him and, in any case, working as an officer or person concerned with management of affairs of a Branch of Bank-Held, not a "workman" within meaning of Ordinance but clearly falls within ambit of "employee" as .defined in S. 2 (viii) (b), (c). Dost…

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