| Case ID |
149add0f-e709-47bf-a577-200ba472a5f2 |
| Body |
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| Case Number |
KAR-273 of 1981 |
| Decision Date |
Jun 01, 1981 |
| Hearing Date |
Jun 01, 1981 |
| Decision |
This appeal was directed against the decision of the learned IV Labour Court, which was given on 23rd April, 1981. The court dismissed the grievance petition of the appellant, stating that he was not considered a workman under the Standing Orders. The primary issue was whether the appellant, who served as a Chowkidar, qualified as a workman. The court noted that the nature of the duties performed by the appellant did not meet the definition of a workman, as his main responsibilities were not manual or clerical but rather auxiliary in nature. The appeal was ultimately dismissed as the duties performed were deemed incidental and not substantial in relation to his primary role. |
| Summary |
In the case of Z. A. CHANNA vs. MESSRS RICE EXPORT CORPORATION OF PAKISTAN LTD., the Labour Appellate Tribunal of Sindh reviewed an appeal concerning the status of a Chowkidar as a workman under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. The appellant, represented by advocate Mahmood Mubbashir, challenged the IV Labour Court's ruling which dismissed his grievance petition against termination of service. The court evaluated the nature of the appellant's duties, concluding that their primary role did not involve manual or clerical work necessary to be classified as a workman. The decision emphasized that even if the Chowkidar performed ancillary tasks, they were not sufficient to alter his classification. The ruling followed precedents, affirming that the core responsibilities of the Chowkidar defined his employment status. This case highlights the critical importance of accurately defining job roles within employment law, particularly in relation to rights under the Standing Orders. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Rice Export Corporation of Pakistan Ltd.
|
| Judges |
Z. A. CHANNA
|
| Lawyers |
Mahmood Mubbashir
|
| Petitioners |
RAB NAWAZ
|
| Respondents |
ANOTHER,
MESSRS RICE EXPORT CORPORATION OF PAKISTAN LTD.
|
| Citations |
1982 SLD 1451,
1982 PLC 226
|
| Other Citations |
Brooke Bond (Pak.) Ltd. v. General Secretary, Union Karkunane Brooke Bond P L D 1969 Lah. 717,
Muhammad Sadiq v. Cotton Export Corporation of Pakistan Ltd.
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance,
Industrial Relations Ordinance
|
| Sections |
2(i),
S.O. 12(3),
25-A
|