Law:

Section:

Industrial Relations Ordinance (XXIII o! 1969)-- ---5. 25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.O. 12(3)--Workman, definition of--Petitioner, a purchase officer in company drawing a basic salary of Rs.2,820, controlled purchases and staff of purchase department--Petitioner's main duty was to survey market, purchase material, collect quotations and send requisition etc., preparation of comparative statements and getting them typed was ancillary to his main duty--Petitioner had not been doing any manual Labour- -Petitioner, held, was not a workman and not entitled to invoke jurisdiction of Labour Court Hotel Inter-Continental, Lahore v. Bashir A.Malik ect. P L D 1986 S C 103; Sultan Masood Tiwana v. General Manager Dawood Hercules Chemicals Ltd. Lahore 1975 P L C 556 and I C I Pakistan Manufacture Ltd., v. Muhammad Iftikhar Ahmad 1986 P L C 1133 rel. Muhammad Suleman Malik for Petitioner. Muhammad Saleem Khan for Respondent. JUDGMENT Major Riasat Ali (Retd.) petitioner has instituted the title petition under section 25-A of the Industrial Relations Ordinance, 1969, alleging that he joined the Fauji Fertilizer Company Limited at Plant Site Goth Machhi, District, Rahimyarkhan, as purchase officer on 14-10-1984. It was prayed that the job of the petitioner was purely manual and clerical is nature. He had been working under the instructions of Procurement Manager, Resident Manager of the Company and had no power to appoint or terminate any worker. Thus, the provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, fully applied to the respondent's company. He performed his duty diligently and possessed an unblemished record of service. 2. It was further pleaded that the respondent terminated the services of the petitioner on 12-2-1987, unlawfully and arbitrarily. No explicit reasons of his termination had been mentioned nor any show-cause notice/charge­ sheet/enquiry etc. had been conducted. It was, therefore, urged that the petitioner's rights had been guaranteed under Standing Order 12(3) of the Ordinance, 1968. The impugned order of termination was, therefore,…

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