Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S.2(xxviii)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine the contention that finding of Labour Appellate Tribunal that employee was "workman" was not sustainable as his duties as Public Relations Officer did not primarily entail clerical and manual work. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S.2(xxviii)---"Workman"---Burden of proof---Whether an employee was a "workman" has to be proved by him by production of documentary or oral' evidence in his support. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss.25-A & 2(xxviii)---Constitution of Pakistan (1973), Art.199---Words "just and proper" as used in S.25-A(5)---Meaning---"Just" means according to law and "proper" means accurate---Where record showed that employee was not a "workman", High Court could interfere in its Constitutional jurisdiction if the order passed by Labour Appellate. Tribunal was not just and proper and consistent with evidence on the record. Crescent Jute Products Ltd. v. Muhammad Yaqoob and others PLD 1978 SC 207; Utility Stores Corporation of Pakistan Limited v. Punjab Labour Appellate Tribunal PLD 1987 SC 447 and Rana Mukhtar Ahmad v. Punjab Labour Appellate Tribunal and others OLD 1992 SC 118 ref. S. Naeem Bukhari, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Appellant. Nemo for Respondents Nos.l and 2. S. A. A. Jafri, Advocate-on-Record for Respondent No.3. Date of hearing: 1st December, 1992. JUDGMENT SAJJAD ALI SHAH, J: --This appeal with leave of the Court is directed against order dated 10-10-1990 of Lahore High Court, Lahore, whereby Writ Petition No.7279 of 1990 filed by appellant herein has been dismissed in limine. 2. Briefly stated the relevant facts giving rise to this appeal are that respondent No.3 Hassan Akhtar Siddiqui was employed as Public Relations Officer in Shahi Bottlers (Pvt.) Limited, Lahore and his services were terminated on 31st March 1988 for the reason that management had decided to abolish that post. He filed grievance petition under section 25-A of Industrial Relations Ordinance, 1969 before the Labour Court…

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