Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-------Ss. 2(xxviii), 18 & 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) & S.O. 12---Civil Procedure Code (V of 1908) O. VII, R.11---Workman--­Determination---Grievance petition---Application of O. VII, R.11, C.P.C.--­Rejection of grievance petition---Maintainability---Pending grievance petition of employee against termination of his service, employer filed application under O. VII, R.11, C.P.C. for rejection of grievance petition being not maintainable because employee who was not 'workman' could not file grievance petition---Such application was resisted by employee contending that question whether status of employee was a workman or not, was a mixed question of law and fact which could be decided only on appraisal of evidence of parties---Presiding Officer of Labour Court in ex parte proceedings simply by hearing employee and without issuing any notice to applicant/employer and hearing him or his counsel upheld contention of employee--Said Presiding Officer having been transferred, succeeding officer had endorsed findings of his predecessor without applying his independent mind and without undertaking any discussion of his own--­Effect---Revision against such order was accepted. 1992 MLD 225 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(xxviii), 25-A & 38(3-a)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)---Status of workman--- Determination---Grievance petition---Maintainability---Revisional jurisdiction, exercise of---Employee who had challenged order of his termination in his grievance petition before Labour Court, was a high ranking officer and was holding quite reasonable and attractive post of Law Officer drawing Rs.55,000 per month as salary including all allowances and he 'was entitled to avail unlimited medical facilities, free telephone etc.--­Employee was also entitled to travel by air and to have accommodation in superior hotels for attending to employers outstation business and by no means he was performing manual or clerical duties---Employee who…

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