Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(xxviii) & 25-A---Workman---Grievance petition ---Maintainability--­Not the designation but the actual nature of work that would determine question whether -a person was a workman under S. 25-A of Industrial Relations Ordinance, 1969---Employee though was re-designated as foreman from a fitter, but he continued to do similar type of work even as a foreman---Grievance petition filed by employee against his demotion was maintainable, .in circumstances. DECISION The appellant was working in the respondent's Pakistan Steel Mills as a fitter. He was then promoted as HSW-1 and re--designated as foreman. In that capacity he was charge-sheeted under Standing Order 15 for disobedience but the charge-sheet was later on withdrawn and he was let off with a warning. Thereafter on the same facts a show-cause notice was issued to him and he was found guilty and reverted as a fitter. 2. The learned Labour Court No. IV, Karachi found that the show-cause notice after warning was illegal and the second punishment of demotion was also illegal but the Labour Court dismissed the grievance petition as being not maintainable because the respondent was designated as a foreman and he was not therefore a workman but an officer. He could not seek redress under section 25-A of the I.R.O. 3. The first finding is correct that nobody can be vexed twice for the same cause, nemo debit bis vexari. 4. As regards next finding…

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