Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 2(xxviii),25,51

Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 2(i)

(a) Industrial Relations Ordinance (XXIII of 1969)---Ss. 2(xxviii) & 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) Workman Determination Grievance petition Maintainability Grievance petition filed by employee against termination of his services was resisted by employer contending that employee being a "Medical Information Officer" was not a "workman" and could not seek remedy before Labour Court by filing grievance petition against his termination Employee was performing manual and clerical function by supplying samples of medicines, literature and other information regarding products of employer Company to Registered Medical Practitioners to promote sales of products of employer Company Employee had also to perform and convey daily progress report and tour programme to employer Company Employee had no power to hire and fire nor he was supervising the work and conduct of other employees and he was also not employed in mainly managerial, administrative or supervisory capacity Mere designation was not sufficient to exclude person from definition of a workman Designation was neither essential nor fundamental factor for determination of the status of an employee as "workman" Only criterion to determine status of a workman was the nature of duties assigned to him Employee, in circumstances, was a workman and his grievance petition was maintainable. (b) Industrial Relations Ordinance (XXIII of 1969) S. 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(3)(4) Termination of service on ground of misconduct Re instatement Services of employee were terminated on ground of misconduct; but neither any charge sheet was served on employee within a month of alleged misconduct nor any enquiry was constituted against him as provided under S.O. 15(4), West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 Mandatory provisions of law having not been complied with by employer in terminating services of employee, order of termination was set aside and employee was ordered to be reinstated in service. (c) Industrial Relations Ordinance…

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