Case Details

Citation(s)
1986 SLG 2275 1986 SLD 2275 1986 PLC 760
Quetta High Court
Constitutional Petition No. 90 of 1983, decided on 3rd May, 1986.
NAZIR AHMAD BHATTI AND MIR HAZAR KHAN KHOSO, JJ

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ABDUL HAKIM WARIS

VS

CHIEF EXECUTIVE, INDEPENDENT NEWSPAPERS CORPORATION Ltd. and 3 others

Law:

Section:

(a) Newspapers Employees (Conditions of Service) Act (LVII of 1973)-- ---S. 18--Industrial Relations Ordinance (XXIII of 1969), S.2(xxviii)-­Terms 'workman' and 'newspaper employee'--Definition--Industrial Relations Ordinance, 1969 is applicable to newspaper employees--Definition of term 'newspaper employee' being given in Act LVIII of 1973, definition of term 'workman', held, would not apply to a newspaper employee--For purpose of proceedings under Ordinance, 1969, in relation to Industrial dispute, workman would include a person who has been dismissed, discharged, retrenched, laid off or otherwise removed from employment in connection with or as consequence of such dispute--Definition of term 'newspaper employee', however, would not include such persons within its folds who have resigned--Ex-employee of a newspaper is not covered by the term 'newspaper employee' as defined in Act LVII of 1973. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 2(xxviii) & 25-A--Newspapers Employees (Conditions of Service) Act (LVIII of 1973), S.18--Term 'workman', connotation of--Person employed in managerial or supervisory capacity in newspaper establishment, held would not be covered by definition of term 'workman'--Person voluntarily resigning would no longer be workman and could not invoke provisions of S.25-A, Industrial Relations Ordinance, 1969. Pakistan Railways v. Junior Labour Court No. V and others 1979 P L C 320, Mohabat Khan v. International Forwarding Agency Ltd., Karachi 1980 P L C 655, Abdul Karim Warsi v. Chief-Executive, Independent Newspapers Corporation Ltd. and others 1983 P L C 816 and Messrs Fazal Shafiq Textile Mills Ltd., Karachi v. Rehmat Khan and another 1972 P L C 364 rel. (c) Payment of Wages Act (IV of 1936)-- ---S. 15--Civil Procedure Code (V of 1908), S.9--Arrears of gratuity and provident fund, recovery of--Arrears of gratuity and provident fund being not included in term wages, employee, held, could not seek remedy from forum as provided in S.15 of Payment of Wages Act-­Employee's remedy would lie in civil Court for claims of recovery. Pakistan Electrical and Mechanical Construction Ltd. v. Chairman, National Industrial Relations…
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