Case Details

Citation(s)
2007 SLG 1390 2007 SLD 1390 2007 SCMR 1346
Supreme Court of Pakistan
Civil Appeal No.1621 of 2005, decision dated: 13-03-2007, hearing DATE : 28-02-2007
MUHAMMAD NAWAZ ABBASI AND HAMID ALI MIRZA, JJ
Syed Sharif-ud-Din Pirzada, Senior Advocate Supreme Court and Mehr Khan Malik Advocate-on-Record for Appellant. Tariq Mehmood, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for
Respondent

FAUJI FOUNDATION (HEADQUARTERS) through Manager AdministratioN

VS

PUNJAB LABOUR APPELLATE TRIBUNAL and 2 others

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 2(ix)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(b)(1)---Charitable Endowments Act (VI of 1890), S.4---Fauji Foundation (a charitable organization registered under Charitable Endowments Act, 1890)---Whether or not such organization covered by definition of "establishment" in Industrial Relations Ordinance, 1969 and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 2(1)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(xxviii)---`Workman'--- Definition---Superintendent, designation of---Neither mere supervisory designation nor doing some manual work in supervisory capacity would bring a person in or out of the category of "workman"---Principles. The expression "Superintendent" in plain words means a person, who exercises the power of superintending in supervisory jurisdiction with some authority or control in certain matters. The expression "Superintendent" in general is used in a supervisory meanings and a person in such capacity by doing some manual work may not acquire the status of "workman" in terms of IRO, 1969 and Standing Orders Ordinance, 1968. The mere fact that a person in supervisory capacity was also doing some manual work is not sufficient to hold that he is a workman and similarly mere supervisory designation may not bring a person out of the category of "workman". In public and private organizations, the managerial staff usually does the manual work and probably all persons in supervisory capacity in one way or the other do manual work in discharge of their duty, therefore, it may not be the true test to determine the status of a person, who undertakes any sort of manual work or perform duty in supervisory capacity involving some manual work as a workman. Abdul Ghafoor v. Karachi Shipyard and Engineering Works Ltd. and others PLC 1987 Labour 697; Abdul Razzaq v. Ihsan Sons Ltd. 1992 SCMR 505; Rehmat Ali v. Security Papers Ltd. PLD 1982 Kar, 912; Pakistan Arab Refinery Ltd. v. Muhammad…
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