Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)S. 2(i)Constitution of Pakistan (1973), Art. 185(3)Employee's status as a "workman"Mode for determiningWhere a person considered himself a workman, onus would be on him to show that he was so within the definition of law and that onus must be discharged by leading sufficient evidenceWhile evaluating evidence pith and substance of duties should be considered and not designationEven salary was not of much relevanceEvidence brought on record showed that employee recommended leave applications of other employees by signing relevant columns reserved for the head of department; checked travelling vouchers and also checked payrollsOvertime wages could not be paid to other employees unless checked by the employee­Documents on record, thus, indicated that employee performed duties of supervisory natureEmployee failed to produce any evidence in support of his claim that he was "workman" and did not perform duties of supervisory natureThere being no flaw or legal infirmity in the judgment of High Court, no interference was warrantedLeave to appeal was refused in circumstances. Dost Muhammad Cotton Mills Ltd. v. Muhammad Abdul Ghani and another 1979 SCMR 304; Ganga R. Madhani v. Standard Bank Ltd. and others 1985 SCMR 1511 and Shahi Bottlers (Pvt.) Ltd..v. Punjab Labour Appellate Tribunal, Lahore and others 1993 SCMR 1370 ref. Zaman Qureshi, Advocate Supreme Court for Petitioner. Sharif Hussain Bakhar, Advocate Supreme Court for Respondents. Date of hearing: 22nd December, 1993. ORDER SAJJAD ALI SHAH, J.Petitioner before us was working as Assistant Accountant in K.S.B. Pumps Co. Ltd. when on 1011987 he was chargesheeted and found guilty in inquiry proceedings. Resultantly he was dismissed vide order dated 1821987. He filed grievance petition under section 25A of I.R.O., 1969 in the Labour Court which was resisted and plea was taken by the respondents/employers that petitioner was not workman, hence Labour Court had no jurisdiction. Finally Labour Court allowed petition vide order dated 3111990 with direction of reinstatement with full back 'benefits. Appeal was allowed by Labour…

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