Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing, Orders) Ordinance (VI of 1968)- ---S. 2 (i) --"Workman"--Salesman of a Tea Company whose duty was mainly to distribute, sell and promote sale and some clerical or manual work was ancillary (Sardar Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal) and consequential to main duties, held, was not a workman--Custody of locks and keys of Depot Premises, deposit of sale proceeds in Bank, visiting markets, Bazars and villages in accordance with approved itinerary were not works of manual nature. JUDGMENT The appeal captioned above emanates from the decision dated 12-5-1988 recorded by learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad whereby the grievance petition of the appellant for his reinstatement in service has been dismissed holding that the appellant is not covered by the definition of workman given in section 2(i) of the Standing Orders Ordinance, 1968. No decision has been recorded on the merits of the case. 2. The appellant is a Salesman and his duties are given in Exh. R.3. Learned counsel for the appellant has argued that the duties given under the heading `Depot Premises' in Exh. R. 3 are manual. The said duties are that the Salesman has to maintain the premises of the Depot clean and in a presentable condition, so that it should be perfectly suitable for the storage of company's products and that the Salesman is responsible for the payment of depot rent to the landlord. It is not mentioned that the Salesman has to himself clean the premises. Payment of rent is not a manual act. The other duty given under the heading is that the Salesman is responsible for the custody and good condition of locks and keys of the depot premises and that the depot be kept clean. Mere custody of locks and keys is not a manual act. According to the arguments, the duties given under the heading "stocks" are clerical. This is true that the Salesman has to make entries in the register about the receipts, sales, transfers and stocks but this is not the main duty and is ancillary to the duties of distribution and sales of the goods. The receipt of sale proceeds and sale of goods are to be entered in…

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