Law:

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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- ----S. 2 (i)-"Workman"-Whether or not an employee a workman*­Designation not essential on vital factor for determination of status-Nature of duties for which employed and which he was required to perform-Determining factor - Accounts Officer-­Original appointment order not specifying job but mentioning 6 months' probation period as against 3 months in case of workers­-Confirmation order indicating appointment in Management Grade and that services liable to termination on one month's notice and that service would be governed by normal terms and conditions adopted by Management as against workers whose services were governed by relevant labour laws-Performing primarily duties of calculating wages including overtime wages of workers while routine duty of preparing wage sheets and payment vouchers left to time office working under his supervision-Mere fact that wage sheets prepared by him for one month, held, immaterial-Further circumstances indicative of his status (1) not entitled to overtime allowance but receiving compensatory leave in lieu of overtime work and (2) not a member of Workers' Union-Such employee, in circumstances, held, not a workman and not entitled to grievance petition against termination of service-Grievance petition-Indus­trial Relations Ordinance (XXIII of 1969), S. 25-A. Johnson and Johnson v. Zubair Ahmed 1.980 P L C 622 and Chairman, Brooke Bond (Pakistan) Limited v. General Secretary, Union Karkunane Brooke Bond P L D 1969 Lab. 717 rel. Mrs. E. C. Pinto for Appellant. S. S. Jahangir Khan for Respondent. Date of hearing : 15th March, 1983. DECISION This appeal is directed against the decision of the learned Third Labour Court, given on 13th December 1982, dismissing -the grievance petition of the appellant against the termination of his services on the ground that the appellant- does not fall within the definition of a workman and hence he has no right to challenge the termination of his services through a grievance petition. 2. The admitted facts of this case are that by an undated memoran­dum the appellant was employed on probation in the…

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