Case Details

Citation(s)
1999 SLG 917 1999 SLD 917 1999 PLC 428
Labour Appellate Tribunal, Punjab
Appeal No.LHR-342 of 1998, decision dated: 14-11-1998.
MIAN GHULAM AHMAD, CHAIRMAN

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Messrs DESCON ENGINEERING (PVT.) LTD. and others

VS

MUHAMMAD JAVED MIAN and another

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)------S.2 (xxviii)---"Workman"---Determination---Employer' though v was designated as "Administrative Supervisor", but most of the duties he was performing were of manual or clerical character---Mere nomenclature of tote post an employee would not indicate or depict true character or category of his posting as nomenclature was generally given to confer upon employee a -pseudo status, besides feeling of "officer-ship" and with a view to ward off his participation in any trade union activities and preclude him to claim favorite "status" of workman, entitled to a variety of monetary benefits, amenities and perquisites, as also a number of "protection" under Labour Laws. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(xxviii) & 25-A---"Workman"---Determination---Grievance petition--- Maintainability---Employee though was designated as "Administrative Supervisor" and was drawing salary to the tune of Rs.5,000. but most of his duties were of manual or clerical nature---Mere high sounding designation and even quantum of emoluments of an employee, would not decipher and delineate the exact line of differentiation whether he was a workman or one enjoying a higher status, but determining factor would be nature of duties performed by him---Employee by all means, was a workman despite his designation and salary---Employee had every right to resort to Labour Court for redress of his grievances---Grievance petition filed by employee under S.25-A, Industrial Relations Ordinance, 1969 was maintainable in circumstances. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os. 1(b), 12 & 15--­Termination of a permanent workman- --Employee, who had attained status of permanent workman and whose capability and industry were admired by employer by issuing him letters of appreciation and commendation certificates, was dismissed from service simply stating that his services were no more required---Employee was entitled to be served show-cause notice and charge-sheet and without making him to face a…
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