Law:

Section:

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) Termination of service Workman Determination Grievance petition by employee against termination of his services was resisted on ground that same was not maintainable as employee being junior executive was not a workman Burden lay on the employee to prove his status as workman, but he failed to discharge said burden by producing oral or documentary evidence Employee had himself admitted that he was neither member of Collective Bargaining Agent nor had ever been given benefit of settlement arrived at between Collective Bargaining Agent and the Management Employee though was promoted from Senior Assistant to Junior Executive, but status of workman was not to be determined on the basis of designation or any other factor, but it was to be determined in the light of performance of his duties After promotion to junior executive salary of employee was revised and he was made subject to executive staff rules of employer company Merely because employee was using computer, would not put him' in category of workmen After promotion to post of junior executive employee being no longer a workman, his grievance petition was rightly held to be not maintainable. Ch. Muhammad Ashraf Khan for Appellant. Qamaruddin Hassan for Respondent. Date of hearing: 12th September, 2000. DECISION Aggrieved by the order of Fourth Sindh Labour Court dated 14 11 1998, the appellant Shafat Ahmed has filed this appeal. His case, briefly stated, is that he had entered service as Senior Assistant when Awami Autos Limited had control over the Management of present establishment. After the control was taken over by Pak Suzuki Company he was re absorbed in the same capacity as Senior Assistant vide appointment order dated 8 1 1984 (at page 512 of the Lower Court's file). In that capacity he was working in. Spare Parts Department operating computer and 'doing other manual and clerical work. He was maintaining record of Spare Parts, preparing vouchers. Invoices, Packing Slips, cost sheets beside various periodical reports. By order…

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