Case Details

Citation(s)
1996 SLG 395 1996 SLD 395 1996 PLC 248
Labour Appellate Tribunal, Sindh
Appeal No. KAR-88 of 1995, decision dated: 5-11-1995
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL

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JAMIL AHMED

VS

Messrs FARM CHEMICALS (PVT.) LTD., KARACHI JAMIL AHMED Vs Messrs FARM CHEMICALS (PVT.) LTD., KARACHI

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(xxviii) & 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(i) & S.O.12--­Grievance petition---Maintainability---Workman---Determination of---Services of employee working as Assistant Production Officer were dispensed with on ground that those were no more required---Employee was getting a consolidated salary of is.5,050 P.M. without getting any bonus allowed to workers--­Employee was allowed salary, house rent and conveyance allowance---Usual work of employee was numbering all cartons -in which production of employer company was packed for distribution to dealers---Employee supervised work of seventy-four workers and recommerided their leaves and also assigned duties to all those workers---Employee had signed job description and also attended management skill workshop for training---Employee, in circumstances, could not be designated a worker merely because he also attended to numbering of cartons which was not the main work assigned to him---Employee who also appraised work assigned to the workers as an officer, could not come within definition of "worker" and his grievance application filed against his termination, was not maintainable. DECISION This appeal arises from order of the Fifth Sindh Labour Court, Karachi dismissing the grievance application of the appellant on the ground that the I.R.O. and the Standing Orders were not applicable to his case since he was not a worker. 2. The facts in brief are that the appellant was appointed on 30-9-1984 in the. Farm Chemicals (Pvt.) Ltd. as Assistant Production Officer. On 2-7-1992 his services were dispensed with on the ground that they were no more required. 3. The only point for consideration in this case is whether the appellant was a worker within the meaning of the Standing Orders on the I.R.O. It is an admitted fact that the appellant was getting a consolidated salary of Rs.5,050 per month. That…
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