Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 1--Permanent workman--Apprentice--Person appointed under Apprenticeship Ordinance, 1962--Job permanent and continuing for more than nine months--Incumbent, in circumstances held, a permanent workman--Termination on grounds that services no longer required-­Order of Labour Court awarding re-instatement, in circumstances, upheld by Appellate Tribunal--Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 38(3). (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 37--Appeal--Questions of fact not raised in pleadings--Cannot be raised at appellate stage catching other party unaware--Plea that grievance notice was served on authority other than passing impugned order--Such plea neither raised in written statement nor even in memo of appeal--Refused to be entertained in arguments at appellate stage. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S. '25-A--Grievance notice--To be given to employer--Plea that grievance notice be served on company and it should be sued as if a corporate body and a juristic person-Repelled. Shamid Hamid for Appellants. Ch. Sadiq Muhammad Warraich for Respondent. .­ Date of hearing: 21st September, 1985. JUDGMENT The appeal captioned above is directed against the decision dated 7-2-1985 recorded by the learned Presiding Officer, Punjab Labour Court No. 6, Rawalpindi, whereby the grievance petition of the respondent was accepted with back benefits. 2. The respondent was appointed as Apprentice Process Trainee and was removed from service on 28-4-1983 on the ground that his services were no longer required. 3. It has been argued that since the respondent contended in his grievance petition that he was not appointed under the Apprenticeship Ordinance, 1962 as apprentice but was appointed as Process Trainee, he is not a workman. Apprentice is defined in Standing Order 1 of Standing Orders Ordinance, 1968. According to the case of the appellant, the respondent was appointed under the Apprenticeship Ordinance, 1962, so the stand taken by the respondent is untrue. Since the job of apprentice is a permanent post and if…

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