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. 2(xxviii)--Relief under Standing Orders Ordinance, 1968, when to be granted/not granted--Where relief is sought with reference to the Standing Orders Ordinance, 1968, petitioner has to show that he is a `workman' under that Ordinance, as otherwise a Labour Court, cannot grant relief under West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 even if he is a `Workman' under Industrial Relations Ordinance, 1969. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S. 2(i)--Word `manual' used in S. 2(i) of Standing Orders Ordinance, 1968-­Meaning, scope and import of--Word `manual' means done, made or operated by or used with hand or as manual Labour i.e. Labour performed by hand or by the exercise of physical force, with or without the aid of tools and of horses or other beasts of burden, but depending for its effectiveness chiefly upon personal muscular exertion rather than upon skill intelligence or adroitness-Petitioner performing his duty by exerting physical and mental faculties in addition to the use of hands is a 'workman'. Black's Law Dictionary 4th Edition ref. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) I` Ordinance (VI of 1968)-- ---S. 2(i)--Industrial Relations Ordinance (XXIII of 1969), S. 2(xxviii)-­ Constitution of Pakistan (1973), Art. 199--Dismissal of employee for misconduct-- ;I Employee's grievance petition against dismissal order dismissed by Labour Court and Labour Appellate Tribunal--Labour Appellate Tribunal's finding that employee was not covered by the definition of `workman' as stated in S. 2(i) of Standing Orders Ordinance, 1968, and was therefore, not entitled to relief, repelled--Held, words "any manual" and "work" employed in S. 2(i) of Standing Orders Ordinance, 1968 were susceptible to a very wide connotation, and therefore, such words would cover a person who performs any manual work while discharging his duties irrespective of the quantum of such manual work,…

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