Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S. 2 (i)--Industrial Relations Ordinance (XXIII of 1969), S. 25-A--"Workman"-- Salesman--Employee with designation of System Executive on monthly salary of Rs.4,874 his main duties being to promote sale of Computers by keeping contact with prospective customers for identifying their computer needs and preparing feasibility reports and providing post sale guidance and assistance to customers-­Qualified and trained Engineer working for sale promotion doing some clerical or manual work incidentally or by way of minor sundry job in connection with main duty of sales promotion--Such employee, held, was not a workman as defined in S.2(i) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 hence not entitled to grievance petition before Labour Court--Membership of trade union is not relevant. P L D 1961 S C 403; P L D 1969 Lah. 717; 1982 P L C 637; 1984 P L C 1353 and PLD1986SC103rel. 1987PLC178ref. 1979 P L C 370; 1980 P L C 253; 1975 P L C 343; 1983 P L C 498 and 191;5 P L ('. 704 held not applicable. (b) Industrial dispute- --- Domestic enquiry--Admission in cross-examination before Labour Court that full defence opportunity was given, renders plea that "no proper opportunity was afforded", as unjustifiable. DECISION This is an appeal filed by the appellants establishment against an impugned order, dated 30-4-1986, passed by the Sindh Labour Court No. I at Karachi, who had allowed the grievance petition under section 25-A, I.R.O. 1969, filed by the responder directing his reinstatement in service with full back benefits. 2. Brief facts of the case were that the respondent was employed as System Executive in the appellants establishment and his duties were to keep pre-sale contact with prospective customers for identifying their computer needs and preparing feasibility reports in respect of their computer requirements, to provide sale guidance and assistance to the customers purchasing computers from the establishment and overall his duties were to do the work of sales promotion i.e., as a 'salesman', getting a monthly salary of…

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