Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Ss.2 & 15---Dismissal from service---Appellant employed as Chowkidar, charge-sheeted for alleged misconduct and after domestic inquiry was dismissed from service---Employer contending that appellant was not a workman and therefore, could not invoke provisions of S.25-A of Industrial Relations Ordinance---Appellant was charge-sheeted for having committed a misconduct punishable under Standing Orders Ordinance and other laws, which clearly showed that employer considered that Standing Orders Ordinance was applicable in the case of appellant; as such they had treated him as a workman---Burden of proof that appellant was not workman fell on employer which they did not discharge---Evidence of appellant clearly showed that he did manual work and was a workman as defined under S.2(1) of West Pakistan Ordinance VI of 1969---Reinstatement of the appellant was ordered in circumstances. 1973 P L C 25;1984 P L D 849; P L D 1975 Kar. 539 and 1984 P L C 175 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 2(i)---Industrial Relations Ordinance (XXIII of 1969), S.2(xxviii)---Workman---Not the designation or salary of employee that determines status of workman but nature of his duties. Security Paper Limited v. S.LA.T. P L D 1988 SC 180 rel. Date of hearing: 22nd November, 1989. DECISION This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No.VI at Hyderabad, dated 5-8-1986, whereby the grievance petition filed by the appellant was dismissed. 2. I have heard Mr. Wahid Bux, the learned Representative for the appellant and Mr. Races M. Mushtaq, learned Advocate for the respondents and also gone through the record and proceedings of the case. 3. Admittedly the appellant was employed as a Chowkidar by the respondents. He was charge-sheeted for an alleged misconduct and after domestic enquiry, he was dismissed from service, vide order, dated 9-2-1985. Being aggrieved by this order, the appellant served his grievance notice upon…

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