Law:

Section:

(a) Industrial dispute-- ---- Workman---Grievance petition filed by employee against his dismissal from service, was concurrently dismissed by Courts below on ground that employee did not fall within definition of workman firstly because he was not performing any manual or clerical duties and secondly for the reason that number of workmen employed in the establishment was less than 20 during year preceding employee's dismissal---Employer by producing attendance register of employees had fully proved that at no time number of persons employed was 20---Employer also produced evidence to establish that employee was not performing any manual or clerical work---Concurrent findings of Courts below based on evidence on record thus could not be interfered with. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Unexplained delay in filing petition---Concurrent findings of Tribunals below based on evidence on record, could not be interfered with in Constitutional jurisdiction of High Court---Constitutional petition otherwise filed after delay of eight months without explaining such delay was dismissed. Salahuddin Gandapur for Petitioner. S.M. Yaqoob for Respondent No. 3. Date of hearing: 16th December, 1991. JUDGMENT MAMOON QAZI, J.---The petitioner has been aggrieved by the order passed by the learned Labour Appellate Tribunal dated 12-4-1987 upholding the decision of the learned Labour Court dated 13-8-1985 whereby the grievance petition filed by the petitioner had been dismissed. The facts of the case, briefly stated, are that the petitioner was employed by respondent No. 3 as Radiographer (X-Ray Technician) in December, 1981. The petitioner performed his duties as such when in July 1983 his services were terminated by respondent No. 3 without an order in writing. The petitioner then served a grievance notice on respondent No. 3 and thereafter filed a grievance petition before the learned 1st Sindh Labour Court, Karachi, claiming to be a workman. The application was resisted by respondent No. 3 according to whom the petitioner did not fall within the definition of "workman" as given in the Standing Orders Ordinance as he…

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