Law:

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Industrial Relations Ordinance (XXIII of 1969)- --Ss. 2 (xxviii), 25-A & 38 (3)-Grievance petition against dismissal-Petitioner a Supervisor with basic pay of Rs. 1,000 excluding other allowances supervising work of labour-Merely preparation of bills of labour and marking their attendance, held, would not make him a workman-Petition, in circumstances, held, rightly dismissed by Labour Court as not maintainable. H. A. Jafery, Bar-at-Law for Appellant. Kamal Mansur Alam for Respondents. Date of hearing : 7th February, 1985. DECISION This appeal is directed against the impugned order passed by the Sind Labour Court No. IV, Karachi, whereby he dismissed the grievance petition of the appellant. The order was passed on 2nd November, 1983. 2. The facts are that the appellant was employed by the respondent corporation on 17th December, 1978 as Assistant Permanent Way Inspector, Railway Wing, Pakistan Steel Mills Corporation. The appellant requested his immediate Boss Mr. Abdul Majeed Khan to return of friendly loan of Rs. 2,500 which annoyed the Executive Engineer Abdul Majeed Khan. On 12th July, 1982, a show-cause notice was issued to the appellant alleging that the appellant exchanged hot words, abused and threatened the said Abdul Majeed Khan. Subsequently a depart­mental enquiry was conducted and the appellant was dismissed on 15th September, 1982. On 22nd September, 1982, the appellant preferred a departmental appeal with the respondent Corporation which was rejected on 17th December, 1982. A grievance notice was given and it was rejected on 2nd January, 1983. On 17th January, 1983 the appellant filed an application under section 25-A, I.R.O., 1969 challenging his dismissal. 3. The stand taken by the respondent Corporation is that the applica­tion is barred by limitation and that the appellant was not a workman within the competence of Standing Orders. 4. I have beard the learned counsel Mr. H. A. Jaffery on behalf of the appellant and Mr. Kamal Mansur Alam, Advocate, for the respondent Corporation. 5. The evidence recorded by the learned Labour Court indicates that the appellant was a supervisor and did supervisory work over the workmen and labours. The…

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