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Keywords: Provisions, Promotion, Appointment, Question Of Fact, Plea, Interference, Evidence, Petitioner, Jurisdiction, Functions, Order, Constitution, Service Rules, Constitutional Jurisdiction, Recording, Penalty, Petition ORDER KHALIL-UR-REHMAN, J.- This constitution petition is directed against the order dated 16.1.1991 of the learned Member, N.I.R.C, whereby the application of the petitioner under section 8(7) of the Industrial Relations Ordinance 1969 was dismissed recording the observations that since the petitioner has been promoted as Assistant Engineer and he has been given the control of 40 workmen and according to the service Manual T&T Department he is empowered to impose penalty on the working staff he is an employer and as such by operation of law, he has ceased to be a member of the Union, and the order dated 3.9.1991 whereby the Full Bench of N.I.R.C, confirming the conclusion of the learned Member dismissed the appeal filed by the petitioner. 2. Learned counsel in support of the petition argued that the question whether the petitioner ceased to be a workman and whether he on account of his promotion as Assistant Engineer is an employer and thus has ceased to be a member of the worker Union is a question of fact and the said fact could not have been determined without allowing the petitioner an opportunity to lead evidence. It was added that the provisions contained in the T & T Manual are not applicable and the petitioner cannot be considered to be an employer having the power of making appointment as under the Civil Servants (Appointment, Promotion & Transfer) Rules, 1973 and officer of grade-20 has the power of appointment. The…

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