Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- --S. 2 (i)-Workman-Watchman-Responsible to protect property of Mills, stop entry of undesirable persons-Protector, held, essen­tially to use bands if criminal force is used by any intruder and weapons are also used by hands-Such workman, held, covered by definition of "workman". (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- --S. O. 12 (3) -Termination of service-Reasons and grounds-Ser­vices "No longer required"-No ground when posts not abolished. (c) Industrial Relations Ordinance (XXIII of 1969)- --Ss. 25-A & 38 (3)-Reinstatement-Back benefits - Impugned termination order held by Labour Court as unjustified-Petitioner filing affidavit before Labour Court before decision of case that be remained unemployed during intervening period-Such affidavits not controverted by employer-Petitioner in circumstances, held, entitled to back benefits on reinstatement - Order of Labour Court refusing back benefits upset by Appellate Tribunal. Hamid Mahmood for Management. Ch. Ghulam Qadir Cheema for Respondents. Date of hearing : 16 October, 1984. JUDGMENT The six appeals captioned above arise from the decision, dated 26th March, 1984 recorded by the learned Presiding Officer, Punjab Labour Court No. 3, Lahore at Ferozewala, whereby Gul Zaman, Sultan Khan and Aman Ullah Khan, who in this judgment will be described as the respondents, were directed to be reinstated in service without back benefits. The Pioneer Steel Mills (hereinafter to be called as the appellants) have in their appeals challenged the direction of reinstatement of the respondents in service, whereas the respondents have in their appeals claimed back benefits. As all the six appeals arise from the same decision, they are being disposed of together through this single judgment. 2. The respondents are Chowkidars. Their services were terminated as no longer required vide orders dated Exhs. P. 4, P. 5 and P. 6, respectively. It has been argued by the learned counsel for the appellant that the respondents are not covered by the definition of workman. Reliance has…

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