Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition against termination of service--Dues received by petitioner in full and final settlement Petitioner, held, had n right to maintain petition. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 2 (xxviii) & 25-A-----West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(i) & S.O. 12 (3)-----"Workman"-Programmer getting monthly salary of Rs. 4,000 allowed to maintain car and granted 115 litres petrol monthly for the same Job of programmer purely f0o technical nature performing supervisory and managerial duties No evidence shown regarding performance of any manual or clerical duties and or that he was not a part of administrative personnel of Establishment-Such employee, held, was not a workman and thus could not maintain grievance petition against termination of service. DECISION This is an appeal filed by the appellants establishment against an impugned order, dated 26-2-1987, passed by the Sind Labour Court No. V at Karachi, who had allowed the grievance petition of the respondent under section 25-A, I.R.O. 1969, directing his reinstatement in services with consequential, benefits from the date of his termination from service till 23-9-1986. 2. Briefly stated the facts of the case were that the respondent claimed to' have been working as a permanent workman in his capacity as a `programmer' and that on 16-3-1986, he fell ill and was under the treatment of company's Medical Officer whose Medical Certificate he had submitted to the management on 19-3-1986. It was claimed by him that in spite of submission of the. M.C., he was issued a show-cause for misconduct of remaining absent for 3 days. Further, the claim of the respondent was that though he had submitted satisfactory reply, yet, an enquiry was conducted against him which was not proper resulting in his termination of services, vide letter, dated 10-4-1986 and being aggrieved, he had sent his grievance notice followed by the present grievance petition under section 25-A, I.R.O. 1969. 3. The appellants establishment had resisted the petition, mainly on t e ground that;…

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