Case Details

Citation(s)
1996 SLG 382 1996 SLD 382 1996 PLC 229
Labour Appellate Tribunal, Sindh
Appeal No. HYD-409 of 1994, decision dated: 15-11-1995
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL

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Messrs MODerN FOOD INDUSTRIES LTD., ISLAMABAD and another

VS

SHAIQ MIRZA Messrs MODerN FOOD INDUSTRIES LTD., ISLAMABAD and another Vs SHAIQ MIRZA

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)---Workman--­Grievance petition---Maintainability---Employee working as Sales Representative, was getting a salary of Rs.1,000 p.m., Rs.60 per day as commission and Rs. 15 per day as Daily Allowance---Employee, as Sales Representative was to travel and obtain orders for "employer's products--­Job of employee, thus was not of manual or clerical nature and by no stretch of imagination he could .be called a worker---Grievance petition filed- by employee against his termination was not maintainable in circumstances. I.E. Saleh v. International Laboratories PLD 1975 Kar. 279 and PLD 1977 SC 237 ref. DECISION The respondent was transferred from Hyderabad to Islamabad where he refused to go and his services were terminated. He filed grievance petition before the Labour Court, Hyderabad. 1t was allowed and he was ordered to be re-instated in service with full back benefits. 2. The only question raised in this appeal is whether the respondent Shaiq Mirza, Sales Representative of Modern Food Industries Ltd., Islamabad is a worker within the meaning of the Standing Orders Ordinance and the I.R.O. The respondent was getting a salary of Rs.1,000 per month and Rs.60 per day as Commission and Daily Allowance of Rs.15 per day if he remained at the Headquarters. As Sales Representative his…
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