Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- --- S. 2(i)-"Workman"-Chowkidar or security guard-Duties in­cluding searching of persons leaving factory gate and to check goods passing out according to gate passes to see that nothing taken out un­authorisedly-Such duties, held, involved significant use of hands amounting to manual work-Held: a workman. Rehmat Ali Security Papers Ltd. and another P L D 1982 Kar. 913 rel. (b) Industrial Relations Ordinance (XXIII of 1969)--- --Ss. 35 & 37 read with Constitution of Pakistan (1973), Arts. 189, 201, 202 & 203 and Civil Procedure Code (V of 1908), S.3---Decision of High Court-Whether binding upon Labour Court and Appellate Tribunal---Arts.202 & 203 of Constitution of Pakistan, 1973 and S. 3 of Civil Procedure Code, 1908 held not relevant for deciding such issue-Courts subordinate to high Court enumerated in S.3 of Civil Procedure Code, 1908 subordinate to High Court for purposes of Civil Procedure Code, 1908 and cannot be considered as such for purposes of Art. 201 of Constitution of Pakistan, 1973-Courts within territorial jurisdiction of High Court are subordinate to that High Court for purposes of Art. 201 ibid to the extent that question of law decided or principle of law enunciated by High Court would be binding on such Courts-Question of law decided or principle of law enunciated by Division Bench of Sind High Court, held, binding upon Sind Labour Courts and Sind Appellate Tribunal-[Premier Tobacco Industries Mazdoor Union v. Peoples Labour Union Mandra and 2 others 1981 P L C 279 dissented from]. Premier Tobacco Industries Mazdoor Union v. Peoples Labour Union Mandra and 2 others 1981 P L C 279 dissented from. Naeem Bukhari for Appellants. M. M. Jeelani for Respondent. Date of hearing : 5th October, 1983. ORDER The respondent was employed as a Chowkidar (Security Guard) with the appellant establishment. His services were terminated vide letter, dated 8th August, 1982, as no longer required by the appellants. He served a grievance notice on the appellant and his grievance having not been redressed he filed an application under section 25-A, I. R. O.,…

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