Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) Ss. 2(xxviii) & 25A "Workman" Determination of status Burden to prove Burden to prove status of workman initially was on the workman himself Grievance petition Maintainability Designation or question of emoluments was no criteria to determine the status of the employee being worker or not Employee who was employed as permanent workman was also General Secretary of the Workers' Trade Union in the employer industry Employee who was performing his duties as skilled worker, had no power of supervisor and also. had no control over the workers Chart of the duties produced by the employee showed that his duties were manual in nature which put him in the category of a workman Employee was dismissed from service after serving show cause notice upon him and holding enquiry against him Employee in circumstances could be presumed to be a workman Employee, being a workman his grievance petition was maintainable. 1991 SCMR 2300 and PLD 1982 Kar. 91ref (b) 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) & S.0.15 Termination of service Grievance petition Services of the employee were terminated after serving him show cause notice, charge sheeting him and holding inquiry against him -Charge sheet against the employee was bogus and fabricated and enquiry against him was held by a person who was neither an occupier nor Factory Manager Employee was not provided opportunity to produce defence witness or to cross examine prosecution witnesses No eye witness of alleged incident was produced before the employee during the inquiry proceedings and the employer had entirely failed to prove any charge against the employee Grievance petition of the employee was rightly allowed by the Labour Court and he was rightly reinstated in service. Faruq A. Ghani for Appellant. Ch. Muhammad Ashraf Khan for Respondent. Date of hearing: 18th October 2001 DECISION This appeal has been filed by Messrs Bengal Fibre Industries Limited (.hereinafter referred to as respondents Industries) against the decision, dated 20th…

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