Law:

Section:

Industrial dispute--- ---Workman---Test---Main criterion to determine whether employee was a'3 workman or not, was to look to the nature of job he performed and not emolument and rank held by him. General Manager, Hotel Intercontinental v. Bashir A. Malik PLD 1986 SC 103; The Workers of Bata Shoe Company v. Bata Shoe Co. Ltd. 1971 PLC 1; Ganga R. Madhani v. Standard Bank Ltd. and others 1985 SCMR 1511 and Tarbela Joint Venture v. Labour Appellate Tribunal, N.-W.F.P. and two others PLD 1975 Pesh. 240 ref. Syed Zamirul Hassan for Appellants. Farid Gul Khan for Respondent. Date of hearing: 24th November, 1992. DECISION This appeal calls in question the order of the Labour Court reinstating the petitioner (respondent herein) with full back benefits, under section 25-A of the I.R.O., 1969. 2. The petitioner was working as a Lineman in the Cop-Winding Department of the Mill, It was the case of the petitioner that there was a scuffle between him and one Muhammad Saeed another workman, who tried to hit him with a "bobbin" and, therefore, he had hit him back. The matter was reported to the authorities. A charge-sheet was issued the next day i.e. 9-10-1988, which had been replied to by him. There was an order from the management for holding of domestic enquiry and Aafiat Khan, the Supervisor of the Personnel Department, was appointed as the `Enquiry Officer'. On the submission of the enquiry report, he was dismissed from service on 21-2-1989. 3. It was stated on behalf of the respondents (appellants herein) in their Reply Statement that the petitioner was working in supervisory capacity and his main job was to direct, supervise and control the cop-winders, working on the machines, and therefore the petition did not lie. The contention of the petitioner that he had been much more sinned against than sinning came to be controverted. 4. The petitioner, apart from himself, examined Saeed, who was the complainant in the matter. The management examined Muhammad Azam K. Azmati, Personnel and Administration Officer and Aafiat Khan, the Enquiry Officer. 5. The Labour Court found that the petitioner was a workman and also that he was not the aggressor; and therefore allowed the…

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