Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------Ss. 2 (xxviii), 25-A & 38---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)---Constitution of Pakistan (1973), Art. 199---Constitutional petition----Workman---Labour court as also Labour Appellate Tribunal had concurrently found that petitioner was not "workman"---Validity---Question whether a person was or was not a "workman" was essentially a question of fact and concurrent findings on question of fact recorded by Tribunals of exclusive jurisdiction on basis of evidence on record, could not be interfered with by High Court in exercise of its Constitutional jurisdiction. Abdul Razzaq v. Messrs Ehsan Sons Ltd. and 2 others 1992 SCMR 505 and Allied Bank Ltd. v. Muhammad Humayun Khan 1988 SCMR 1664 ref. M.M. Aqil Awan for Petitioner. Mahmood Abdul Ghani for Respondents Nos. l and 2. Date of hearing: 23rd April, 1998. JUDGMENT MUHAMMAD ROSHAN ESSANI, J.---The facts of the case are amply dilated upon in the orders of the Labour of Labour Court as also the Labour Appellate Tribunal and, therefore, need not be re-stated. Both such Courts have found the petitioner not to be a workman. In support to the respondent's plea that the petitioner was not a workman, Mr. Mahmood Abdul Ghani has relied upon the following passage with which the cross-examination of the petitioner before the Labour Court commenced: -- "When my services were terminated I was working as Officer Grade7ll in M.C.B. Pano Akil Branch at the time of termination of my service I was drawing salary of Rs.4, 565 p.m. I was working as Accountant in Pano Akil Br. of the Bank at the time of termination of my service. I was officer number two in the Pano Akil Branch after the Manager. In the absence of Manager I used to work as Incharge Manager of M.C.B. Pano Akil Branch Officer Grade-II of M.C.B. works in the management cadre. Pay Commission fixes salary of officer working in the Bank. Wage Commission fixes salary of workers. I was not holding power of Attorney of M.C.B. Ltd. I used to supervise work of staff working in the M.C.B. Branch at Pano Akil. When I was dismissed from service by Bank Authority…

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