Law:

Section:

ORDER JAVED IQBAL, J. The -Petitioner seeks leave to appeal against judgment dated 2732000 whereby the Constitution petition filed by the -Petitioner has been dismissed and order passed by learned Labour Appellate Tribunal has been upheld. 2. Briefly stated the facts of the case are that NafeesulHassan Siddiqui (-Respondent No. l) was employed by the -Petitioner in their establishment as RampCoordinator on 1st May, 1982, and his services were terminated on 12th June, 1985 on the ground of inefficiency and poor performance. The -Respondent No. 1 approached Sindh Labour Court at Karachi but his application preferred under section 25A of I.R.O. was dismissed with the observation that he did not fall within the definition of 'workman'. Being aggrieved an appeal was filed before Sindh Labour Appellate Tribunal which was accepted vide order, dated 231998. The -Petitioners challenged the said order in High Court of Sindh at Karachi by means of C.P. No.229 of 1998 which has been dismissed. 3. It is mainly contended by Mr. QamarulIslam Abbas, Advocate Supreme Court on behalf of -Petitioner that learned High Court and Sindh Labour Appellate Tribunal have failed to appreciate that there could be employees who may neither be workmen nor employers under Standing Orders Ordinance but there is a third category and -Respondent belonged to it, In this regard reliance has been placed on PLD 1986 SC 103 + 1998 SCMR 644. It is also urged with vehemence that -Respondent is not a workman and has been performing the managerial and supervisory duties which aspect of the matter escaped notice and resulted in serious miscarriage of justice. It is also contended that learned High Court has not correctly appreciated the evidence which has come on record and the dictum as laid down and reported in PLD 1986 SC 103 and 1998 SCMR 644 has been ignored. 4. -Respondent No. l appeared in person and supported the orders of Labour Appellate Tribunal and High Court by giving his job description. He contended that he was a workman for all practical purposes. 5. We have carefully examined the respective contentions as agitated on behalf of the parties in the light of relevant provisions of law and…

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