Law:

Section:

(a) West Pakistan Industrial ands Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 2(i)---Workman---Neither pay nor designation was to be taken into account for determination of question whether employee was a workman or a Manager, but it was the nature of his dudes and substantive part of duties that would be considered for deciding the question----Test for determining question whether employee was a worker, whether manual or clerical work was being done by -employee as substantial- part of his duties and whether pith and substance of his employment was manual or clerical work and duty in supervisory capacity was ancillary or incidental. PLD 1986 SC 103 ref. (b) West Pakistan Industrial -and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. O.12(3)---Termination of service---Services of employee who worked in a hotel for about twenty-five years, were terminated simply stating in order of termination that his services as outlet Manager were no longer required---No suggestion was forthcoming as to whether termination of employee was the result of any re-organisation or retrenchment---Common phrase that services of employee were no longer required, thus, would not fulfil requirement of gig explicit reasons for termination of services of employee---Termination of employee, in circumstances, was .invalid and against provisions of S.O. 12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders Ordinance, 1968. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 51---Back benefits---Entitlement---Employee had asserted in his affidavit that his services had been terminated after a period of twenty-two years and that he had been thrown on the road mala fide---Phrase `thrown on the road' meant that employee had been left out of job after twenty-two years of service---Onus to prove that employee was engaged in some gainful employment during his termination fell on employer, but employer had failed to produce any evidence to prove the same---Employee, in circumstances, was entitled to full back benefits from date of his termination to date of his re­ instatement. Muhammad Bashir v. Punjab Appellate…

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