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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 2(i)---Industrial Relations Ordinance (XXIII of 1969), S. 2(xxviii)--­"Worker"----Head Waiter serving in hotel responsible to serve food and beverages to guests at table and taking orders in room service in evening, answerable to respective manager with no hire or fire powers, held, was a worker and mere fact he was supervising work of some clerks and drawing pay more than Rs.800 p.m. would not exclude him from definition of worker. Dost Muhammad Cotton Mills v. Abdul Ghani PLD 1975 Kar. 342 rel. 1987 PLC 390; 1974 PLC 252; 1985 SCMR 1511; PLD 1986 SC 103; 1977 PLC 640; 1986 PLC 307; PLD 1973 SC 415 and PLD 1970 SC 589 held not applicable. Rifat Usmani for Management. Abdul Majeed for Worker. Date of hearing: 7th December, 1987. DECISION These are two cross-appeals, one filed by Messrs Pearl Continental Hotel, Karachi, while the other is filed by the worker Abdul Hamid Khan, against a common impugned order, dated 15-1-1986, passed by Sindh Labour Court No. V, Karachi, who had allowed the grievance petition of the worker, namely, Abdul Hamid Khan under section 25-A, I.R.O., 1969, directing his reinstatement in service with only 40% back benefits. As, both these cross ­appeals are against one and same impugned order, therefore, I would also decide these two appeals by this single Decision. 2. Brief facts of the case are that one Abdul Hamid Khan claimed to be a permanent workman in Messrs Pearl Continental Hotel, Karachi, working as a Head Waiter and from such as his duties were of manual nature by setting of the tables in various Restaurants of the hotel, taking orders for the customers personally and serving the food and beverage to the rooms of the guest staying at the hotel, thus, falling within the definition of a `Workman'. He claimed that his services were terminated by the management of the hotel with effect from 1-2-1985 without assigning any cause or reason and without even holding the domestic enquiry and affording him reasonable opportunity to explain the faults, if any. Abdul Hamid Khan further claimed that he was victimised by the management only on…

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