Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) - -- S. 2 (.i) & S. O. 12 (3)-"Workman"-Whether or not an employee a workman-burden of proof on basis of nature of duties upon employer when such employee proceeded against for mis­conduct under provisions of Ordinance-Security Assistant dismissed for misconduct under S. O. 15 (4)-List of duties .furnished by him indicating some manual, or clerical work-No tangible evidence controverting such claim adduced by employer-Order of Labour Court holding petitioner as not a workman and dismissing grievance petition in circumstances, set aside by Appellate Tribunal and case remanded for decision on merits. 1976 P L C 196 and 1969 P L C 616 ref. Abdul Aziz v. Sind .Labour Appellate Tribunal C. P. No. D-204/81 (unreported) rel. Ali Ahmad for Appellant. Rafat Usmani for Respondents. Date of. hearing : 26th September, 1982. ORDER This appeal is' directed against the decision of the learned IIIrd Labour Court, given on 29th July, 1982, dismissing the grievance petition of the appellant, challenging his dismissal from service, on 'the short ground that he is not a. workman for the purposes of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1.968, and hence is not entitled to file and maintain a grievance petition against his dismissal from service, 2. The admitted facts of this case are that in 1980, the appellant was holding the post of .Security Assistant in the respondent-Company, with the following job specifications :- Aspro-Nicholas (Pakistan) Limited Job Specification Job title : Security Assistant . Responsible to : Personnel Executive Directly Supervising : Head Watchman and Watchman. (I ). Scope: 1. To assist the personnel Executive in maintaining the security and safety of the property of the company in accordance with the Security Procedure. (2) Responsibilities (1) To supervise Head Watchman and Watchman and prepare their duties schedule and recommend leave. (2) To check machines, Fans, Air-conditioners. (3) Follow up returnable items taken out on permission. (4) Spot check of Watchman on duty. (5) Look after Watchman's entitlements…

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