| Citation(s) |
|---|
| 2000 SLG 1650 2000 SLD 1650 2000 PLC 447 |
Labour Appellate Tribunal, N.W.F.P.
Revisions Nos. 4 to 7, 15 to 18, 28 with Civil Miscellaneous Nos.9 to 17 and 40 to 48 of 1999, decision dated: 8-10-1999
JUSTICE MUHAMMAD AJMAL, CHAIRMAN
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Revisions Nos. 4 to 7, 15 to 18, 28 with Civil Miscellaneous Nos.9 to 17 and 40 to 48 of 1999, decision dated: 8-10-1999
JUSTICE MUHAMMAD AJMAL, CHAIRMAN
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STATE LIFE INSURANCE CORPORATION OF PAKISTAN
VS
MUHAMMAD ANWAR SWATI and others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969) Ss. 2(xiii) & (xxviii) & 38(3 a) Workman Termination of employees from service under Regln. No.A(ii)(c)(2) of State Life Employees (Service) Regulation, 1973 did not constitute industrial dispute as they were not .workmen within meaning of S.2(xxviii) of Industrial Relations Ordinance, 1969. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.O. 12(3) Industrial Relations Ordinance (XXIII of 1969), S.25 A Removal and dismissal from service Any person who was removed, retrenched, discharged or dismissed from service otherwise than in connection with or in consequence of an industrial dispute, could approach Labour Court with his grievance petition. under provisions of S.O.12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 for redressal of his individual grievance provided he was a "workman" under the said Ordinance and duly employed in any commercial or industrial establishment. 1994 SCMR 2213 ref. (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 of status of workman Whether a particular employee was a workman or not was a mixed question of law and fact which could not be determined without recording evidence Mere designation was not the decisive factor for determination of the status of an employee as workman and while determining status of an employee, his nature of work and other related factors had to be taken into consideration. (d) Civil Procedure Code (V of 1908) O. XXXIX, Rr. l & 2 Temporary injunction, grant of-- Points to be determined Temporary injunction could be granted in those cases where it was established that claimant had a good prima facie case, balance of convenience was in his favour and he was likely to suffer irreparable loss which could not be measured in terms of money. JUDGMENT By this common order I propose to dispose of the above captioned 18 Revision Petitions as similar questions of law and facts are involved therein for determination by this…
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