Case Details

Citation(s)
1986 SLG 2000 1986 SLD 2000 1986 PLC 278
Labour Appellate Tribunal, Punjab
Appeal No. LHR-46o of 1985, decided on 23rd September, 1985.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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Syed MATLOOB-ULHASSAN

VS

BROOKE BOND PAKISTAN Ltd., LAHORE

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.2 (i)--Workman--Manual work--Travelling--Not a manual work--Manual work means work done by hands--Salesman of Tea Company mainly responsible to promote sale, provided with van and van man to drive van and deliver tea to shops and customers--Issuance of receipt of price received and sending reports about sale etc. ancillary to main duty of promoting sale and travelling to shops--Held, not a workman. Ch. Anwar Ali for Appellant. Date of hearing: 18th September, 1985. JUDGMENT The decision, dated 14-7-1985 recorded by the learned Presiding Officer, Punjab Labour Court No.2, Lahore has been challenged, whereby the grievance petition of the appellant was dismissed on the main ground that he was not covered by the definition of workman. 2. The appellant was a salesman. He was charge-sheeted for handling the cash negligently, with the result that it was robbed while being taken by the appellant to the Bank for being deposited. After holding an inquiry he was dismissed from service. 3. It has been argued by the learned counsel that the learned lower Court has erred in holding the appellant as a non-workman by relying upon Supreme Court's rulings that are based upon a definition given in section 2(xxviii) of the Industrial Relations Ordinance, 1968 and not in section 2(i) of Standing Orders Ordinance, 1968. The learned counsel has cited 1976 P L C 424. The point involved is not whether a salesman of Brooke Bond is or is not a workman. Previously, the definition of workman given in section 2(i) of Standing Orders Ordinance, 1968 was that a person doing manual labour was a workman. The law was amended and the word "Labour" was replaced by the word "work". No such question is involved in the present case. If the appellant does manual or clerical work, he will be a…
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