Law:

Section:

Industrial Relations Ordinance (XXIH of 1969)--- ----Ss. 2(xxviii) & 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1(4)(a)---Payment of Wages Act (IV of 1936), S. 2(ii)--- "Workman"---Grievance petition--­Maintainability---Grievance petition filed by employee against his termination of service was dismissed by Labour Court holding that employee working as Mechanic under Highway Department was a civil servant and not a "workman" ---Employee who was employed on work-charge basis could not be considered to be a civil servant under S. 2(b)(ii) of Civil Servants Act, 1973 or a worker under West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 as no evidence was on record to suggest that in unit of Highway Department wherein he was working there were twenty or more persons employed as worker ---Nature of work of employee was not shown to be such that he would come within definition of Industrial Establishment under S. 2(ii) of Payment of Wages Act, 1936---Employee thus had not been able to show that he fulfilled requirements under definition of a workman---Definite finding as to whether employee could be considered as a workman under West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and in that capacity he could file a grievance petition under S. 25-A of Industrial Relations Ordinance, 1969 was a must---Case was remanded to Labour Court for recording such evidence as might be necessary for coming to a definite finding whether employee could be considered as workman. DECISION This appeal arises from the decision of Labour Court No. VIII, Larkana whereby the Labour Court dismissed the grievance petition of the appellant for re-instatement, as being not maintainable. 2. The appellant had worked as a mechanic on the Steam Roller belonging to Highway Division of P.W.D., Shikarpur Section. He was transferred from Shikarpur to Larkana but he did not join at Larkana and sent intimation to his employer regarding his sickness. Since. the question of sickness was not proved no leave was granted to the appellant for the period from March, 1992 till his…

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