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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.2(1) & S.0.12--Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3)--Workman--Security guard--No direct evidence to prove doing of any manual work by Security Guard available--Security Guard, held, was not a workman--Dismissal of grievance petition against termination of service as not maintainable upheld by Appellate Tribunal. DECISION This is an appeal filed by the appellant against an impugned order, dated 5-1-1987, passed by the Sind Labour Court No. 1V at Karachi, who had dismissed the grievance petition of the appellant under section 25-A, I.R.O. 1969. 2. Briefly stated the facts of the case are that the appellant was appointed on 7-10-1985 as a Security Guard, a permanent post for a probation of 90 days in the respondent establishment. The appellant claimed that he used to note the meter readings, search the persons and the vehicles, coming in and going out of the establishment which was physical duty distinguished from intellectual work or incidental to any intellectual work. He claimed that on 23-10-1985 he met with an accident and was admitted in Social Security Hospital as indoor patient till 7-1-1986 on the issuance of Form B-2 by the respondent establishment, hence, after expiry of the granted medical leave, he resumed the duty on 9-1-1986. The appellant claimed that though he had sustained injuries in the bus outside the premises as he was on way to perform his duties, yet, all of a sudden he received the termination order of his services which was illegal and not passed by the competent authority. 3. The respondent establishment resisted the petition on the ground that being a Security Guard, the provisions of Industrial Relations Ordinance or the Standing Orders Ordinance, 1968 were not applicable to him and that his services were terminated on 4-1-1986 before completion of the probationary period or its confirmation. The respondent establishment claimed that the appellant was not entitled to maintain his grievance petition which was liable to be dismissed. 4. Both the parties filed their respective affidavits-in-evidence and…

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