Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- --Ss.25-A & 38(3)--Removal from service--From record it was not established that what actual duties appellant was performing at time of termination of his services--Appellant miserably failing to prove that he was a workman--Held, grievance petition filed by appellant not maintainable and order of Labour Court dismissing his grievance petition was unexceptionable in circumstances. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- -----S.2(i)----Workman Designation----Mere----designation, held., was immaterial for determination whether a person was workman or not. DECISION This is an appeal filed by the appellant against the impugned order, dated 13-8-1986, passed by the Sind Labour Court No.1 Karachi, who had dismissed the grievance petition of the appellant under section 25-A, I.R.O. 1969. 2. Brief facts of the case are that the appellant claimed to have been employed in the respondent establishment since December, 1981 as Radiographer (X-Ray Technician) and continued to perform his duties till 30-6-1983, when according to the appellant his services were orally terminated due to difference with respondent establishment over the issues of overtime wage for 4 hours daily extra work, bonus, annual increment and other benefits. Therefore, the appellant after complying with the legal requirements, had filed the grievance petition before the Labour Court. 3. The respondent establishment resisted the petition mainly on the grounds that as the respondent establishment has been functioning for the treatment and care of sick and infirmed persons and that he is not a workman therefore, the provisions of Industrial Relations Ordinance, 1969, were not applicable to him. The respondent establishment had also alleged that the appellant had committed misconduct therefore, he was rightly removed from the employment, so he could not maintain the grievance petition under section 25-A I.R.O.…

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