Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ---S. 2 (.xxviii.) --West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2 (i)--Onus to prove that employee was not a workman always upon an employee--To show that a particular person was employed in managerial, administrative or supervisory capacity, his duties are to be shown--Duties and not designation are determining criterion--Employer failed to discharge onus by not giving detail of duties performed by employee--Assistant Co­ordination Officer, getting total slaray of Rs. 1215 p.m. declared workman--Sanctioning of leave applications not sufficient to prove that he was supervisor covered by exceptions--But in retrenchment cases, in order to establish his right and benefit from rule of first come last go, employee must also prove that he comes within definition of S.2(i) of Standing Orders Ordinance--Onus in this respect upon employee-­Adverse presumption drawn from failure to produce evidence of duties. P L J 1975 Kar. 25; 1979 P L C 367; 1979 P L C 370 and 1979 PLC 443 rel. 1979 P L C 194; 1980 P L C 644 ; 1979 P L C 297 and 1980 P L C 622 distinguished. 1980 P L C 622 differed. Munawar Ahmad Javed for Appellant. Mian Abdul Latif for Respondent. Date of hearing: 17th May, 1982. JUDGMENT This appeal arises from the order dated 11-11-1980, passed by the learned Presiding Officer Punjab Labour Court No.5, Faisalabad whereby the grievance petition of the appellant was dismissed holding that he was not covered by the definition of workman or worker given in section 2, clause (xxviii) of the I.R.O., 1969. 2. The appellant was Asstt. Co-Ordination Officer on the basic pay of Rs.850 plus allowances totalling Rs. 1,215. His service was terminated on the ground of the abolition of his post. The appellant served the respondent with the grievance notice and when no redress came, brought the grievance petition. Although, in the written statement a clear objection was taken to the effect that the appellant was neither a worker nor a workman as defined in section 2(xxviii) of the IRO, 1969 on the ground that the nature of his employment being administrative and supervisory and…

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