Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)­-- -- S. 2 (i)---Workman"-Whether or not an employee a workman­ Determining factor-Nature .of duties-Quantum of wages-Not material -Working under some one else also not material-Supervisor incharge of a shift-Supervising work of all workers in his shift Maintaining production register-Maintenance of production register very responsible and cannot be deemed to be clerical work-Such Supervisor though in receipt of wages more than Rs. 800 p. m.-Not a workman. Dost Muhammad Cotton Malls Ltd. v. Muhammad Abdul Ghani and another 1975 S C M R 535 rel. ' Tillat Farooq v. Choloride (Pakistan) Ltd. C. P. S. L. No. K-145 of 1976 (unreported) rel. S. Safdar Hussain for Appellant. S. M. Kohistani for Respondent. Date of hearing : 3rd November, 1982. DECISION The services of the respondent, who is said to have been originally employed in the appellant company as loom cleaner but was promoted ultimately to the post of supervisor were terminated by letter, dated 29th January, 1981, which reads as follows :- "Mr. Sirajuddin Son of Muhammad Zahoor. We regret to inform you that as a result of reorganisation the job of supervisor has become redundant to our requirement, therefore, your services are terminated with immediate effect. You are hereby advised to collect your dues from our - office on tiny working day. Thank you, For United International Limited (Sd.) 29th January, 1981 Manager." Aggrieved by the aforesaid order of termination of his services, the respon­dent, after serving the requisite grievance notice upon the appellant­ Company, preferred a grievance petition before the learned Fifth Labour Court. The grievance petition was resiste0 by- the appellant-Company on two main grounds, firstly, the respondent being a supervisor was not a workman and hence was not entitled to file and maintain a grievance petition, and secondly, that the services of the respondent were terminated due to bona fide reorganisation in .which services of all the supervisors were terminated. The learned Labour Court repelled both the contentions of the appellant-Company and has allowed the grievance…

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