Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- --- S: Os. 12 (i) & l5 (4)-"Workman" -Assistant Accounts Officer making entries in main ledger and preparing vouchers and cheques having no authority to recruit, supervise or punish any employee-Workman"-Mere designation and pay scale not sufficient to oust him from definition of `workman"-Dismissal on allegations of misconduct without enquiry and defence opportunity, held, bad in , law and not sustainable-Re-instatement with back benefits awarded by Labour Court upheld by Appellate Tribunal-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 37. B. A. Chaudhry for Appellants. Date of hearing ; 19th December, 1981. JUDGMENT This appeal arises from the decision dated 10th July, 1481 passed by the learned Presiding Officer, Punjab Labour Court No. 5, Faisalabad, whereby the grievance petition of the respondent was accepted and he was directed to be re-instated in service without back benefits. 2. The respondent was at the time of his termination Assistant Accounts Officer. He was suspended on 26th January, 1980. On 1st March, 1980 he was served with a charge-sheet by Mr. Abdullah Yousaf. He replied to the charge-sheet. His reply was not considered satisfactory and so an enquiry was held, which culminated in his termination from service. 3. Before the lower Court and before me the objection has been raised that the respondent was not a workman and, therefore, the Labour Court has no jurisdiction. In this respect the respondent appearing as his own witness deposed that he used to make entries in the main ledger, general ledger and had been preparing vouchers and cheques him­self. He further said that he had no authority to recruit or punish any employee and that he was answerable to the Divisional Nlanager and the District Manager. On behalf of the appellants Mr. Zulfiqar Ahmad, Divisional Manager was examined as D. W. 1. who deposed that the respondent was working as Assistant Accounts Officer in N P S-16 and once had officiated as District and Divisional Manager and in that capacity he had issued charge-sheets to Sardar Muhammad and Gulzar Ahmad. Issuance…

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