Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 2(xxviii),2(n),5(5)

Industrial Relations Ordinance (XXIII of 1969)--   ---S.2(xxviii)--Industrial Disputes Ordinance (LVI of 1959), Ss.2(n) 5(5)--West Pakistan Industrial Disputes Ordinance (IV of 1968), S.2(4)--Worker and workman--Definition of--Chowkidars and Havildars, whether workmen--Industrial dispute concerning Chowkidars and Havildars of Karachi Port Trust--Jurisdiction of Industrial Court to adjudicate upon--Industrial Court refusing to take up industrial dispute referred by Karachi Port Trust Workers Union on behalf of Chowkidars- and Havildars on ground that they were not workmen-­Order challenged in Constitutional jurisdiction of High Court holding that finding of Industrial Court that members of Watch and Ward Department of Karachi Port Trust did not fall within definition of Workman amounted to saying that they had no locus standi for the relief sought by them and that it was thus not a case of refusal on its part to exercise jurisdiction to warrant interference by High Court--Contention raised that Industrial Tribunal had erred in adopting a definition of workman as used in Ordinance (LVI of 1959) which was wholly against its letter and spirit and High Court, in not correcting this patent illegality, had declined to exercise its Constitutional jurisdiction--Held, Chowkidars and Havildars doing manual work, were included in definition of workman and that legislative intention was manifest from definitions given in subsequent legislation which have resolved all doubts on the point--Workmen cover all employees of an industrial establishment, whatever the nature of their duties, and include employees who have been discharged in connection with an industrial dispute or whose discharge has led to that dispute-­Appeal accepted and case remanded for disposal on merits, accepting status of Chowkidars and Havildars as workmen in establishment of Karachi Port Trust.--[Words and phrases]. JUDGMENT SAJJAD AHMAD JAN, J.--On the 28th of February, 1962, the appellant herein, namely, the Organization of Karachi Port Trust Workers--a registered Trade Union--raised some demands on behalf of its members who were employed as Chowkidars and Havildars in the Watch and Ward Department…

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