Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.2(xxviii)(b)--"Workman", connotation of--Mere fact that a person was drawing wages of more than rupees eight hundred p.m. would not attract application of sub-clause (b) of clause (xxviii) of S.2 to exclude him from ambit of definition of "worker" and "workman". (b) Industrial Relations Ordinance (XXIII of 1969)- ---S.2(viii)(d)--Special provision--Constitution of Pakistan (1973), Art. 199--Notification No.S.R.O.E-/83-NI/1 by Federal Government--To attract Special provision to C1. (viii)of S.2 of Ordinance XXIII of 1969, it is necessary that officers and employees of department should belong to superior, managerial, secretarial, directional, supervisory or agency staff--When an employee of a department does not fall within any of above categories, he cannot be declared as an employer by issuing a notification in the Official Gazette--Notification No. S.R.O. No.EI/83-NI/1 issued by Federal Government declaring Sub-Engineer Grade II as "Employer"--Pakistan Railway employee working as Block Maintainer in Signal Br. does not fall under para.3 of Ch. VI of Railway Manual in the category of supervising staff nor does he belong to directional staff--However, one view can be that he is covered by the definition of word "superior"--Since it was doubtful whether the petitioner (Block Maintainer, Signal Br. of Pakistan Rly.) fell within category of staff belonging to directional or supervisory, the High Court in constitutional petition, held, that since two views were possible, the order of two tribunals below declaring him to be an employer and not worker could not be said to be "without lawful authority" and as such not liable to interference in writ jurisdiction. Karachi Electric Supply Corporation v. National Industrial Relations Commission 1984 P L C 408; The Divisional Superintendent, Pakistan Railways, Sukkur and another v. Abdul Aziz and 7 others 1986 P L C 142; Chief Personnel Officer, Pakistan Railways and another v. Bashir Ahmad 1986 P L C 609 and Black's Law Dictionary, 4th Edition ref. (c) Constitution of Pakistan (1973)-- ---Art.199--Scope of constitutional jurisdiction--Question mooted before High…

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