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)-"Work­man"-Bata Shoes Company employee getting pay of Rs. 1,113 and allowances Rs. 400 p.m. issuing charge-sheets and granting leave to workers under him---Doing mainly supervisory duties-Pre­paring some statements periodically not involving routine clerical work and preparing samples of shoes involving initiative, special talent and extraordinary skill-Not a workman. 1983 P L C 365 ; 1964 P L C 1301 and 1971 P L C 1 rel. M. S. Bokhari for Petitioner. Ch. Riaz Ahmad for Respondent. Date of hearing : 6th March, 1985. JUDGMENT The decision dated 4th December, 1984 recorded by the learned Pre­siding Officer Punjab Labour Court No. 2, Lahore has been challenged, whereby Anwar Hussain (hereinafter to be called as the respondent) was directed to be reinstated in service without back benefits. The respon­dent has in his appeal claimed back benefits, whereas Bata (Pakistan) Limited (hereinafter to be described as the appellant) has challenged the direction of reinstatement of the respondent in service. Since both the appeals arise from the same decision, they are being disposed of together through this single judgment. 2. The only point argued before me is of the status of the respondent as a workman or a supervisor. According to section 2 (xxviii) of the Industrial Relations Ordinance, 1969, a person employed in a super­visory capacity whose wages are more than Rs. 800 p.m. is not a workman. The respondent stated that his duties were to prepare programmes of the workers and to get report of the work done by the workers, to make daily statement regarding the work done, supply material and suggest remedy of the problems, to prepare daily statement of 15/20 factories in the leather-shop, to check the daily report regarding the payment of piece rate workers and check the product. He produced Exhs. P. 1 to P. 28 on the point. He admitted in cross-examination that about 80 employees worked under him. He also s aid that he had been issuing charge-sheets and granting leave under the instruction of the supervisor…

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