Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)Ss. 2(xxviii) & 25AWest Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(i) & S.O.12(3)Constitution of Pakistan (1973), Art. 185(3)Definition of worker/workman as given in S. 2(xxviii), Industrial Relations Ordinance, 1969 and as provided in S. 2(i), West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 compared and combined effect of the two provisions stated. There was a fundamental difference between the definition of "worker" and "workman" given under clause (xxviii) below section 2 of Industrial Relations Ordinance, 1969 and provided in clause (i) below section 2 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. For invoking the provisions contained in section 25A of Industrial Relations Ordinance, 1969, the definition of "workman" in the Industrial Relations Ordinance, 1969 became applicable for the purposes of moving a grievance application, but such definition excluded persons whose services had been terminated or who had been removed, retrenched, discharged or dismissed otherwise than in connection with an industrial dispute or as a consequence of an industrial dispute as defined in the Industrial Relations Ordinance, 1969. In view of the amendment in Standing Order 12(3) of the Ordinance, 1968, the provisions contained in section 25A of Industrial Relations Ordinance, 1969 have become virtually a part of the Ordinance, 1968. The amendment brought about in Standing Order 12(3) of the Ordinance, 1968 has expanded the scope of section 25A of Industrial Relations Ordinance, 1969 because in view of the enabling provisions contained in clause (3) of Standing Order 12 of the Ordinance, 1968, even the workers not covered by clause (xxviii) of section 2 of Industrial Relations Ordinance, 1969 could seek redress of their grievance under section 25A of Industrial Relations Ordinance, 1969 if they were covered by clause (i) of section 2 of the Ordinance, 1968. By the amendment brought about by Act XXIII of 1973, the Legislature had manifested its intention to confer on persons, who were…

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