| Citation(s) |
|---|
| 2000 SLG 1718 2000 SLD 1718 2000 PLC 70 |
Labour Appellate Tribunal, Punjab
Appeal No. BR 305 of 1998, decision dated: 25-09-1999
MIAN GHULAM AHMAD, CHAIRMAN
Tariq Shamim for Appellant. Masood Ashraf Sheikh for
Respondent
Appeal No. BR 305 of 1998, decision dated: 25-09-1999
MIAN GHULAM AHMAD, CHAIRMAN
Tariq Shamim for Appellant. Masood Ashraf Sheikh for
Respondent
KHAWAR MAHMOOD
VS
ZONAL CHIEF, UNITED BANK LIMITED, BAHAWALPUR ZONE, BAHAWALPUR
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969) S.2(xxviii) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) "Workman" and "worker" Distinction Marked distinction existed between definition of. "workman" and "worker" given in two legislations i.e. West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and Industrial Relations Ordinance, 1969 Definition stated in S.2(i) of West Pakistan Industrial and Commercial employment (Standing Orders) Ordinance, 1968 is simpler as compared to definition contained in S.2(xxviii) of Industrial Relations Ordinance, 1969. (b) Industrial Relations Ordinance (XXIII of 1969) Preamble & S.2(xxviii) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Preamble, S.2(i) & S.O. 12(3) Nature and object of labour laws Termination of service Remedy Labour laws were beneficial laws, enacted for the benefit of labour class with object to provide inexpansive and expeditious remedy before Labour Court West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 being a benevolent enactment, is to be construed liberally in favour of labour class and restricted interpretation ought not to be put on the scope of definition of "workman " Where a person belonged to the labour class, he could not be excluded from ambit of definition of "workman" If services of an employee were terminated in breach of S.O 12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 for seeking relief from Labour Court, he should fall within scope of definition given in S.26) of the said Ordinance and need not fall within purview of definition as embodied in S.2(xxviii) of Industrial Relations Ordinance, 1969. (c) Industrial Relations Ordinance (XXIII of 1969) Ss. 2(xxviii) & 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12(3) Right guaranteed Enforcement "Workman" Definition If an employee wanted to press into service S.25 A, Industrial Relations Ordinance, 1969 for enforcing any right guaranteed under West Pakistan…
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