Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--------S.2(xxviii)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)---Workman--­Determination---Mere designation and salary could not be the deciding factor to hold a person to be a "workman" or not. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.2(i), S.Os.1(b)(e) & 12(3)---Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 37(3)---Workman---Determination---Grievance petition--­Competency--- Employee was Confidential Secretary and responsible to call for bids and after their scrutiny submit the same to his boss---Clerical work was merely incidental or ancillary and not main job of the Confidential Secretary---Such clerical work would not turn the employee into a "clerk"--­Person having been employed on probation for a fixed period of six months was not a permanent worker and no notice to such person as provided under S.0.12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 was required for his removal. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- -----S.O.1(A)---Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 37(3)--- Permanent workman---Grievance petition---Probationary period having been fixed As six months, merely by passage of nine months employer would not become permanent workman automatically, in absence of any evidence that work was to continue for more than nine months. S.P. Lodhi, Representative for Appellant. Gulzar Ahmed for Respondents. Dates of hearing: 4th May, 21st September and 25th October, 1999. JUDGMENT This is an appeal under section 37(3) of Industrial Relations Ordinance, 1969, against the decision, dated 17th November, 1997, passed by the learned Sindh Labour Court No.2, at Karachi, whereby the grievance application for reinstatement with back benefits was dismissed. 2. I have heard Mr. S.P. Lodhi, representative for the appellant and Mr. Gulzar Ahmed, Advocate for the respondent. I also perused the Judgment alongwith the record of the learned Labour Court…

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