Case Details

Citation(s)
1992 SLG 808 1992 SLD 808 1992 PLC 424
Supreme Court of Pakistan
Civil Appeal No351-K of 1986, decided on 4th June, 1991.
ZAFFAR HUSSAIN MIRZA, NAIMUDDIN AND AJMAL MIAN, JJ

ABDUL RAZZAQvsMessrs IHSAN SONS LIMITED and 2 othersABDUL RAZZAQvsMessrs IHSAN SONS LIMITED and 2 others

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--­ ----S. 2(i)---West Pakistan Shops and Establishments Ordinance (VIII of 1969), S.19---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider the question; whether the High Court erred in holding that the nature of duties performed by the employee involved supervisory work though he was working under the Chief Accountant and was not incharge of the establishment or section of establishment, and whether High Court was justified in holding that the Employer's office and factory were two establishments or two separate entities. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--­ ----Preamble---West Pakistan Shops and Establishments Ordinance (VIII of 1969)---Preamble---If the provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 are attracted to a particular commercial establishment the mere fact that such a commercial establishment might have been registered under the West Pakistan Shops and Establishments Ordinance, 1969 would not exclude the application of the provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. (c) West Pakistan Shops and Establishments Ordinance (VIII of 1969)--­ ----Preamble---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),---Preamble---If the provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 are attracted to a particular establishment, the mere fact that such a commercial establishment might have been registered under the West Pakistan Shops and Establishments Ordinance, 1969 would not exclude the application of the provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. (d) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--­ ----S. 2(i)---"Workman"---Test for determining the question whether an employee was a "workman" in field of labour legislation. It is the nature of the work done by the…
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