Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-------S. 2(xviii)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)---Workman---Onus to prove---Determining factors---Remuneration or official status does not determine whether a person was a workman or an employer or was having managerial powers---Duties determine the status of employee---Onus to prove that a particular person was a workman, was upon that person and the same be discharged by leading sufficient evidence. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Constitution of Pakistan (1973), Art 199---Constitutional petition---Termination of service---Petitioner, during service had power to recommend leave/compensatory leave application of his subordinates, being supervisor had power to confirm probationer, performance review of his subordinates and also had power to record A.C.R. of his subordinates--­Duties clearly revealed that the petitioner had to apply his own independent mind while recommending leave of his subordinates and in increase of their salaries---Petitioner, thus, was not a workman even under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Such person, therefore, could not move a grievance petition against his termination. 1998 SCMR 644 = 1998 PLC 172; PLD 1986 SC 103; 1993 SCMR 1370; PLD 1994 SC 273; 1985 SCMR 1511 and 1993 SCMR 322 rel: 1994 SCMR 2213 and 1992 SCMR 505 ref. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 2(xviii)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)---Workman, determination ---Prerequisties--- Substantial nature i.e. pith and substance of the duties of person concerned should be taken into consideration---Neither designation of the post nor salary was of much relevance---While considering nature of the duties subsidiary and incidental nature of duties are not to be given much importance. (d) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Concurrent findings of fact by Courts below---Effect---Where such findings were given after…

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