Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) S. 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) Workman, determination of Grievance petition Maintainability Petitioner initially was appointed as Air Conditioning Engineer and later on his designation was changed as Utility Engineer Petitioner whose services were terminated after obtaining his resignation due to certain allegations, had received all his dues, but subsequently had filed grievance petition against termination of his services alleging that his resignation was obtained by employer under duress and intimidation Petitioner's designation from Air Conditioning Engineer was changed as Utility Engineer with no change in his practical duties and duties performed by petitioner were enough to hold that he was not a "workman" within meaning of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, because his main performance was not a manual work, but was a mental toil and incidental manual/physical exertion while making mental toil would not bring him within expression of manual worker Petitioner was responsible for assigning duties to workers for night and morning shifts which had proved that he was actually working as Utility Engineer/Manager Labour Court had rightly dismissed grievance petition of petitioner holding that he being not a workman could not file grievance petition Grievance petition was rightly dismissed by Labour Court on merits as well as on ground that it was not maintainable on technical grounds. 1976 LLC 580; PLD 1986 SC 103 and 1983 PLC 201 ref. Raja Shamsuz Zaman for Appellant AND Muhammad Sabir for Respondents. Date of hearing: 12th April, 2000. DECISION The case of the appellant Syed Ahtasham Hyder is that he was employed as Air Conditioning Engineer the designation which was later changed as Utility Engineer with the respondents' company known as Sandoz Pak (Ltd.). He claims to be a permanent employee of the company with main duties of operating, repairing and maintaining machinery/equipment. He did his manual work to the entire satisfaction of his employers and there was no complaint,…

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