Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S. 2(i) Status of workman Factors for determination Designation of post held by a person or emoluments drawn by him for the said post, were not determining factors to decide his status as workman, but he would be identified as workman by the job he was performing. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.O. 15(3)(4) Dismissal from service Enquiry Officer who was Labour Officer of employer, being highly interested person, enquiry held by him particularly in absence of the employee, could not be made safe basis for dismissal of employee. Ashraf Hussain Rizvi for Appellant AND Muhammad Humayun for Respondent. Date of hearing: 12th. October, 2000 DECISION This appeal has, been preferred by Muhammad Ramzan from the order, dated 23 11 1999 of Sindh Labour Court No. VI, Hyderabad, whereby the appellant's grievance petition was dismissed. The factual background of the appellant's case is that he was appointed as operator in the respondents 'Mills with effect from 1 6 1982 and worked in that capacity as permanent workman for nearly 7 years. It is said that the appellant was referred by the Respondents/Management to Director General, Health Services for check up and Invalidation Certificate. Accordingly Medical Board ,was constituted which declared the appellant to be a completely and permanently incapacitated for further service. In view of these findings of the Medical Board, the Respondents/Management was bound to pay the appellants a huge sum of Rs.1,50,000 in the shape of Group Insurance, gratuity etc. To avoid such payment the respondents/Management prepared a plan and as a first step towards its implementation the appellant was illegally locked out and forcibly ousted from mills' premises. The matter was reported to Labour Directorate Hyderabad whereupon protracted proceedings took place. One meeting which was fixed in the Office of Deputy Director Labour on 23 8 1997 was got changed to 27 8 1997 without the knowledge of appellant and behind his back. Nevertheless on the changed date the Management agreed to…

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