Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(xxviii) & 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)---"Workman"--­Grievance petition, maintainability of---Employee admittedly was appointed as `Chowkidar', but later on was promoted as `Jamadar' and being Head of Watch and Ward Department, used to recommend leave applications of other Chowkidars, posting Chowkidars at different places in the Mill area and signing as Security Incharge---Nature of duties of employee being supervisory, he was not a "workman"---Mere assertion of employee that he also checked in and out the workmen or vehicles, made without producing any evidence in respect thereof, would clearly show that he did not carry on any manual or clerical work---Grievance petition filed by employee against his dismissal was not maintainable. Bakht Rawan v. Sindh Labour Appellate Tribunal and another 1985 PLC 942; Allied Bank of Pakistan v. Muhammad Humayun Khan and others 1988 SCMR 1664; Abdul Razzaq v. Messrs Ihsan Sons Ltd. and 20 others 1992 SCMR 505; Rab Nawaz v. Sindh Labour Appellate Tribunal and 2 others PLD 1987 Kar. 175; Rehmat Ali v. Security Papers Ltd. and others PLD 1982 Kar. 913; Security Paper Ltd., v. Sindh Labour Appellate Tribunal and another PLD 1988 SC 180; Rana Mukhtar Ahmed v. Punjab Labour Appellate Tribunal and 2 others PLD 1992 SC 118 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Reasons given by Courts below on question of facts, could not be interfered with by High Court in exercise of its Constitutional jurisdiction. Mirza Muhammad Kazim for Petitioner. Khursheed Anwar Shaikh for Respondent No. 3. Date of hearing: 21st April, 1992. JUDGMENT MUHAMMAD ASLAM ARAIN, J:----In this Constitution petition, the petitioner has challenged the orders dated 27-4-1988 and 30-3-1985 passed by the respondents Nos. 1 and 2 respectively, with the following prayer: "This Hon'ble Court may be pleased to set aside the impugned orders of the respondents Nos. 1 and 2 dated 27-4-1988 and 30-3-1985 and reinstate the petitioner with all back benefits." 2. Facts of the…

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