Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185 (3)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), is. 2(i) & 12(4)--Martial Law Order (Zone 'C') No. 52, para. 3(b)--Bank employee appointed as an accountant, whose duties also included passing of vouchers, cheques and bank drafts, supervision and checking of ledgers and supervision of despatch of bank advices and statements of accounts, etc.--Dismissal on account of misconduct--Leave to appeal granted to examine whether such employee of bank was a 'workman' within definition of S. 2(i), West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and para. 3(b) of M.L.O. (Zone C) No. 52. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---S. 2(i)--Martial haw Order (Zone C) No. 52, para. 3(b)-­"Workman"--Definition--Person employed merely to do manual or clerical work, whether it be skilled or unskilled is a "workman"--Persons employed in supervisory, administrative or managerial capacity completely excluded from ambit of definition of "workman"--Duties of a "workman" have nothing to do with control or management nor do they involve taking any initiative or making decisions and are more or less, involved in work of routine and repetitive in nature--Nature of work performed by employee was, therefore, deciding factor in determining as to whether or not employee was a "workman"--Test for such determination laid. Chairman; Brooke Bond v. General Secretary Union PLD 1969 Lah. 717 and Brooke Bond (Pakistan) Ltd. v. Conciliator appointed by the Government of Sind and 6 others PLD 1977 S C 237 ref. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S. 2(i)--"Workman"--Definition--Bank employee appointed as an accountant--Power of attorney executed in favour of such employee by Bank showing that powers conferred on and functions thereby required to be performed by employee could neither be termed as manual nor clerical work and involved exercise of discretion and taking of important decisions--Such employee also given in clear and unambiguous words…

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