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Industrial Relations Ordinance (XXIII of 1969)- -- S. 2 (xxviii) - "Workman" - Deputy Manager of Heavy Foundry and Forge Ltd.--Main duty to prepare technology design and then to see that moulding was done by workers according to design-Competent to sanction leave of workers and recommend disciplinary action against them but having no powers of hire and fire-Duties not of managerial but of supervisory nature-Basic pay exceeding Rs. 800 per month--Held, not a workman. Raza Hussain Shamshi for Appellant. Asghar Mahmood for Respondent. Date of hearing : 15th November, 1982 JUDGMENT This appeal is directed against the decision, dated 23rd January, 1980 passed by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore; whereby the petition of the appellant was dismissed on the sole ground that he was not a workman. 2. The appellant was Deputy Manager. He was alleged to have had committed misconduct while he was at China, where he was sent for getting training. When he came back he was charge-sheeted and after holding an enquiry was dismissed for misconduct committed at China. He challenged the order of dismissal in 25-A petition which was contested by the respondents. It was contended in the written statement that the appellant was not a workman. The appellant appeared as his own witness as P. W. 1 and Riaz Hussain Bukhari, Manager, Heavy Foundry & Forge, Taxila was examined as P. W. 2. On behalf of the respondents, Muhammad Ilyas, Manager, Heavy Foundry & Forge was examined as D. W. 1. Besides leave applications Exhs. D-4 to D-18, A. C. Rs. Exhs. D-19 to D-22, appointment order as Enquiry Officer in a case Exh. D-24, Reports Exhs. D-25 to D-28 were produced on the point. The appel­lant in his statement stated that he was made Deputy Manager in March, 1978 but it was only a change of designation and he never worked as such, as he was sent to China for getting training and prior to that was Assistant Manager. He went on to say that while working in the Technology Department his duties were to prepare a technology process of any part of the machinery to be produced in the Foundry had to prepare the patterns in workable condition so that proper part of…

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