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Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(xxviii) & 25-A---Constitution of Pakistan (1973), Art 199--- Constitutional petition---Probationer Medical Representative---Termination of services during probationary period---Junior Labour Court dismissed grievance application on the ground that such employee being not a workman, his application was not competent---Punjab Labour Court, however, allowed employee's appeal holding him to be a workman and ordered his re-instatement in service---Validity---Challenged in Constitutional petition---Employee being Medical Representative and during his course of employment was to promote sale of medicines, therefore, he was a salesman and not workman, thus, he could not file grievance application against termination of his service---Even, otherwise, employee was on probation, therefore, he could not claim retention in service as of right particularly when it was specifically provided in terms of service and no elaborate reasoning was called for the termination of any probationer---Judgment of Punjab Labour Court was thus, not sustainable in law, for the same was against mandatory provision of law and not in consonance with precedents--- Employee's termination of service was valid and in accordance' with law. Syed Matloob Hassan v. Brooke Bond Pakistan Limited 1992 SCMR 227; Saleh v. Messrs International Laboratories Ltd., Karachi and 2 others PLD 1975 Kar. 279; M.D. Shamsul Haque and others v. Managing Director, Pfizer Laboratories Ltd. and another PLD 1969 Dacca 386; Chairman, Brooke Bond Pakistan Ltd:, Karachi v. General Secretary, Union Karkunane Brook Bond (Pakistan) Ltd., Rawalpindi PLD 1969 Lah. 717 and Punjab Road Transport Board v. Muhammad Fazil Hussain and another PLD 1983 Lah. 531 ref. JUDGMENT Through this Constitutional petition, the petitioner has challenged the order dated 11-11-1975 passed by Malik Lehrasap Khan, Presiding Officer, Punjab Labour Court No. 1, Lahore whereby while setting aside the order dated 19-4-1975 (passed by the Presiding Officer, Junior Labour Court No. 2, Lahore) he re-instated respondent No. 3 in service with back benefits. 2. The facts giving rise to the filing of…

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