Case Details

Citation(s)
1992 SLG 1099 1992 SLD 1099 1992 PLC 1061
Labour Appellate Tribunal, Sindh
Appeal No. HYD-48 of 1985, decided on 31st January, 1991.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL

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1992 P L C 1061

VS

MUHAMMAD KHALID ANSARI 1992 P L C 1061 vs MUHAMMAD KHALID ANSARI

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 1(4)---Factories Act (XXV of 1934), S. 2(h) & 2(j)---Sindh Small Industries and Handicrafts Corporation Service Rules, 1978---Reinstatement-Workman was employed as a permanent helper at Mechanised Training Centre---No evidence existed to show that more than ten workers were working in the said Training Centre or any manufacturing process was being carried on in the Centre---Held, employee would not fall within category of "worker" as defined in the Factories Act, 1934. (b) Workmen's Compensation Act (XXV of 1923)--- ----Sched. II---Employee of Small Industries Corporation although drawing a salary of less than Rs.1,500 but not working in any capacity specified in Sched. II---Such employee could not be considered as "workman" and would not be excluded from definition of servant of State and consequently Standing Orders Ordinance would not be applicable to case of "worker" who was servant of Corporation which was a 'statutory body having its own statutory Rules of Service---Mere fact that employee was entitled to payment of compensation, if incident occurred during the working hours and he was injured, which fact was admitted by witness of corporation would not make him "workman" under the Workmen's Compensation Act. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 1(4), S.Os. 12 & 15---Industrial Relations Ordinance (XXIII of 1969), S.25-A---Termination of services---Employee whose services were terminated was appointed on probation for a period of one year and as per appointment order, his services could be terminated without assigning any reason and without notice---Termination of services, being in accordance with law; order of Labour Court allowing grievance petition and reinstating workman in service was set aside. Races M. Mushtaq for Appellants. Muhammad Ashraf Khan for Respondent. Date of hearing: 20th January, 1991. DECISION This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No.VI, at Hyderabad, dated 14-1-1985, whereby he allowed the grievance…
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