Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders Ordinance (VI of 1968)----- ---S. 2(i)--"Workman"--Chowkidar is a workman. 1982 P L D Kar. 913 rel. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)------ ---S.Os. 1(b), 10 & 12(3)--Establishment taken over by new owner--Workers continuing service--No suggestion that employment was against temporary job likely to be finished within 9 months--Employees on completion of 3 months service, held, acquired status of permanent workers and termination of their service treating them merely temporary and withholding their wages was illegal. DECISION These 3 appeals are directed against the single order of learned Presiding Officer, Sind Labour Court No. 1V at Karachi, dated 2-2-1988, whereby he dismissed the 6 grievance petitions filed by 3 appellants, (2 by each). I intend to dispose of all the 3 appeals by this single decision. 2. The appellants were the workmen of the respondents. They claimed to be the employees of the respondents as Chowkidars since October, 1986. They filed grievance petitions Nos. 51, 53 and 54 of 1987 before the learned Labour Court praying that the respondents be ordered to pay their withheld wages for the months of January, February and March, 1987 alongwith Rs.200 deducted in December, 1986; issuance of appointment letters with effect from the date of becoming permanent and also for the double overtime for extra work taken from them at the rate of 4 hours per day for about 6 months i.e. 6 months wages amounting to Rs.6,000 and also to allow all sorts of leaves, bonus and 5% alongwith other facilities available to permanent workers under the Labour Laws. During the pendency of these applications, the services of the appellants were terminated and after serving fresh grievance notices, the appellants challenged this order of termination of their services by filing grievance Petitions Nos. 89, 88 and 87 of 1987. The respondents denied the claims of the appellants on the ground that they were not workmen. They claimed that they were temporary employees employed as Watchmen with effect from 1-1-1987. They also resisted the…

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