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 Determination Question whether employee was a "workman" or not was a question of fact or at the most a mixed question of fact and law as same involved interpretation of two enactments (Industrial Relations Ordinance, 1969 and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 wherein definition of "worker" and "workman" had been given. (b) 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 Proof No job description was given to employee at the time of his employment or at any other time during course of his employment Employer had also failed to file any job description with the reply statement or with affidavit in evidence Main and substantial work of the employee was connected directly with performing skilled manual labour in the field relating to computer and his 'recommending appointment of new entrants or recommending leave applications was merely incidental to his main job Employee was rightly found workman by Labour Court. (c) 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 Determination Criterion Neither the designation nor the salary was a factor for determination of an employee to be a workman or not Only criterion was the work itself that employee had to do Actual nature of work should be a deciding factor to determine the status of an employee regardless of the designation given by the employer to him Designation, some time, decorative, would not enhance the status of an employee. Allied Bank of Pakistan Ltd. v. Muhammad Humayun Khan and others 1988 SCMR 1664; Security Papers Limited v. Sindh Labour Appellate Tribunal and others PLD 1988 Supreme Court 180; Mustehkum Cement Limited v. 'Abdul Rashid and others 1998 PLC 172 and S.M. Iylas v. Reckitt and Colman of Pakistan Appeal No.KAR 378 of 1998 ref. (d)…

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