Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (V1 of 1968)--- --- S. 2 (i)-"Workman"-Road Inspector supervising work of gangs engaged on roads-Not manual or clerical job-Not a workman-Travelling ten- miles to supervise work of gangs, held, cannot be termed as manual work. (b) Punjab Civil Servants Act (VIII of 1974) --- -- S. 2 (b) (iii) read with Workmen's Compensation Act (VIII of 1923), Sehed. II, cl. (viii)-Road Inspector in Highways De­partment-Supervising gangs engaged on roads-Duties not relating to construction, repair or demolition of road-Not a workman but a civil servant. Ch. Nazir Hussain for Appellant. ORDER The petitioner is working in the Highways Department as a Road Inspector. He was dismissed from service on account of shortage of construction material. He challenged the orders of his dismissal. before the Labour Court and the Labour Court No. 9 Multan directed his re­instatement but did not order back benefits. He challenged the orders in appeal before the Punjab Labour Appellate Tribunal seeking back benefits and the Chief Engineer, Highways Department Punjab challenged the orders of the Labour Court in appeal against the re-instatement order­ed by the Labour Court. The Punjab Labour Appellate Tribunal after hearing both the appeals has come to the conclusion that the petitioner was not engaged in any manual or clerical job and, therefore, was not a workman under the Standing Orders Ordinance, 1968. The appeal made by the Chief Engineer was, therefore, accepted and the order of reinstate­ment made by the Punjab Labour Court No. 9 Multan was set aside. The petitioner challenges the orders of the Punjab Labour Appellate Tribunal in the present writ petition on the ground that he is a workman and orders of the Punjab Labour Appellate Tribunal of 3rd April, 1983 are without lawful authority. Admittedly the petitioner does no work with his hands and the nature of his duties are not clerical. He supervises the work of gangs' engaged on the roads and for that purpose has to cover the…

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