Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) S.25 A Grievance petition Labour Court, jurisdiction of Petitioner whether a worker/workman Onus to prove Initially the burden lies on the worker/workman to prove that he is a worker/workman for invoking the jurisdiction of Labour Court. Karachi Shipyard and Engineering Works Limited v. Abdul Ghaffar and 2 others 1993 SCMR 511 and National Bank of Pakistan v. Punjab Labour Court No.5, Faisalabad and 2 others 1993 SCMR 672 ref. (b) Industrial Relations Ordinance (XXIII of 1969) S.25 A Constitution of Pakistan (1973), Art. 199 Constitutional petition Grievance petition Maintainability Jurisdiction of Labour Court Petitioner was employed in supervisory capacity and was not a worker/workman Petitioner was dismissed from service on the charge of misappropriation of funds Grievance petition was filed by the petitioner before the Labour Court which was allowed and he was reinstated Labour Appellate Tribunal allowed the appeal filed by the employer and the order of the Labour Court was set aside Validity Petitioner was not a worker/workman at the time when the show cause notice was issued to him and he was dismissed from service by the employer in consequence of domestic inquiry conducted against him, as such die petitioner was not entitled to invoke the jurisdiction of the Labour Court Held, Labour Appellate Tribunal while accepting the appeal of the employer had rightly concluded that the petitioner was an officer not workman. Abdul Razzaq v. Messrs Ihsan Sons Limited and 2 others 1992 SCMR 505 and Mst. Nasim Siddique v. D.E.O. and others 1992 PLC (C.S.) 1023 distinguished. Muhammad Tasneem for Petitioner AND Zahid Hussain for Respondent No.2. Date of hearing: 13th November, 1997. JUDGMENT SAIYED SAEED ASHHAD, J. This Constitutional petition has been filed against the decision of the Sindh Labour Appellate Tribunal at Karachi dated 22 8 1996, whereby the appeal filed by respondent No.2 was allowed and the grievance petition of the petitioner was dismissed. 2. The brief facts necessary for the disposal of this Constitutional petition are that the petitioner joined respondent No.2 as technical skilled worker and was…

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