Law:

Section:

Workers' Children (Education) Ordinance (XI of 1972)-- ---S. 3--Industrial Relations Ordinance (XXIII of 1969), S. 2--Levy of education cess--Labour employed by contractors for performance of their contractual assignment--Not workers--Demand for payment of cess from contractors without legal effect--Definition of `worker' included within its ambit persons who performed manual work--Expression `manual work' literally meant work done by hand but could be used to denote work done by human energy or power as distinguished from work done through mental exertion--Watchmen, tractor or trolly drivers, cleaners and labourers engaged by contractors not coming within purview of workers as given in Industrial Relations Ordinance--No privity of contract existed between petitioners and employees of contractors, latter by no means be treated as workers of their establishment so as to make them liable for payment of education cess--Demand of cess in respect of said employees, held, was without legal effect. Taj Din v. Punjab Labour Court P L D 1976 Lah. 1169 rel. (b) Industrial Relations Ordinance (XXIII or 1969)-- --S. 2--`Worker'--Distinction between a contractor who has been engaged to procure necessary labour, or to use a more general expression, man-power for and a contractor who has been entrusted to perform a certain establishment, function or functions for establishment, stated. Mahmud Zaman for Petitioner. A,A; G. for Respondents. Date of hearing: 1st February,1986. JUDGMENT This order will dispose of six writ petitions, registered as Writ Petitions Nos. 235, 2329 and 3167, all of 1982, 3994 and 4362, both of 1983 and 2257 of l985, These are being taken together as a common question of law arises in them. 2. The petitioners are engaged in the business of manufacturing sugar. They have given out contracts to outside parties for: (a) collection of sugar cane from different pick up points and bringing the same to the site of the mills. (b) unloading of sugar cane brought by the contractors or by the growers within the mills premises and either placing it on the cane-carriers or stacking it on sites earmarked for the purpose. (c) removal from the mills premises of the…

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