Case Details

Citation(s)
1991 SLG 1585 1991 SLD 1585 1991 PLC 624
Labour Appellate Tribunal, Sindh
Appeal No. KAR-15 of 1989, decision dated: 25-10-1989.
AHMED ALI U QURESHI, APPELLATE TRIBUNAL

SHARAFUDDINvsMessrs PARKEDAVIS and COMPANY LTD

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---Grievance petition of appellant was dismissed on ground that he was not a workman---Evidence on record showed that appellant was appointed as a supervisor and that he did both supervisory as well as clerical work---Appellant in his cross-examination stated that though he was promoted as Junior Officer but he continued to perform same duties which he was doing as a Checker but most of work done by him was supervisory in nature and clerical work done by him, if any, was incidental to and ancillary to his job as Supervisor---Appellant, therefore, could not be considered to be a "workman" within meaning of section 2(i) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968). (b) 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'---Nature of work that an employee performs and not his designation is a criterion for determining as to whether an employqe is a "workman" or not. PLD1972 SC 25 rel. (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"---Comparison of two definitions of "workman" in Ordinance VI of 1968 and XXIII of 1969 shows that definition of "workmen" in Industrial Relations Ordinance, 1969 was more comprehensive and included more employees as workmen as compared to definition in Standing Orders Ordinance, 1968: Muhammad Hafeez v. The Managing Director, Karachi Transport Corporation 1988 P L C 125 rel. (d) 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"---Test for determining whether an employee was a workman within meaning of various statutes, stated. P L D 1982 Kar. 913; General Manager, Hotel Intercontinental, Lahore and others v. Bashir A.…
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