| Case ID |
238e350a-5c84-4122-826f-6301db153c74 |
| Body |
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| Case Number |
Civil Appeal No. 54 of 1973 |
| Decision Date |
Oct 28, 1985 |
| Hearing Date |
|
| Decision |
In this significant ruling by the Supreme Court of Pakistan on October 28, 1985, in Civil Appeal No. 54 of 1973, the court deliberated on whether the respondent, Bashir A. Malik, qualified as a 'workman' under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance of 1968. After extensive evaluation of the respondent's role as a Shift Engineer at Hotel Intercontinental, Lahore, and the nature of his duties, the court concluded that his primary responsibilities involved skilled engineering tasks, which did not constitute manual or clerical labor as defined by the ordinance. The court also examined previous relevant case laws and determined that the occasional physical exertion required by the respondent did not transform his employment nature. Ultimately, the Supreme Court upheld the decision, emphasizing that designation titles alone do not determine an employee's status; rather, the nature of the duties performed is the pivotal factor in such legal interpretations. |
| Summary |
In the landmark case of Civil Appeal No. 54 of 1973, decided on October 28, 1985, by the Supreme Court of Pakistan, the court meticulously analyzed whether Bashir A. Malik, employed as a Shift Engineer at Hotel Intercontinental, Lahore, qualified as a 'workman' under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance of 1968. The appellant, representing the hotel's management, contested Malik's status, asserting that his role didn't fit the ordinance's definition of a workman, which primarily encompasses individuals engaged in manual or clerical labor. The respondent, Malik, argued based on his actual duties, which included maintenance and repairs of complex machinery, occasional physical tasks, and supervisory responsibilities over other workmen. The court scrutinized applicable laws, sections, and prior judgments, emphasizing that an employee's designation does not solely determine their classification; instead, the essence of their job duties holds paramount importance. After evaluating evidence and legal precedents, including decisions from cases like Dost Muhammad Cotton Mills Ltd. v. Muhammad Abdul Ghani, the court concluded that Malik's primary engineering responsibilities did not align with the ordinance's 'manual or clerical labor' criteria. Consequently, the Supreme Court affirmed the dismissal of Malik, reinforcing that the legal definition of a workman hinges on the substantive nature of the tasks performed rather than the title or occasional tasks outside primary duties. This decision underscores the judiciary's commitment to precise legal interpretations based on job functionality, setting a precedent for future labor dispute resolutions in Pakistan's judicial system. The ruling highlights the critical importance of job description in legal classifications, ensuring that employees are accurately categorized based on their actual work rather than their official titles. This case serves as a pivotal reference for similar disputes, emphasizing the judiciary's role in upholding fair labor practices and precise legal definitions within employment laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Hotel Intercontinental, Lahore,
Bashir A. Malik
|
| Judges |
MUHAMMAD HALEEM, C.J.,
ASLAM RIAZ HUSSAIN,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA, JJ
|
| Lawyers |
Wasim Sajjad, Advocate Supreme Court,
Abid Hassan Minto, Advocate Supreme Court
|
| Petitioners |
GENERAL MANAGER, HOTEL INTERCONTINENTAL, LAHORE AND ANOTHER
|
| Respondents |
BASHIR A. MALIK AND OTHERS
|
| Citations |
1986 SLD 1100,
1986 PLD 103
|
| Other Citations |
Dost Muhammad Cotton Mills Ltd. v. Muhammad Abdul Ghani and another P L D 1975 Kar. 342,
Dost Muhammad Cotton Mills Ltd. v. Muhammad Abdul Ghani and another 1979 SCMR 304,
Chairman, Brooke Bond (Pakistan) Limited v. General Secretary, Union Kar Kune Brooke Bond PL_D 1969 Lah. 717,
The Workers of Bata Shoes Co. v. Bata Shoes Co. Ltd. and another 1971 PLC 1,
Crushing (Pakistan) Ltd. Workers' Union. Lahore v. Messrs Crushing (Pakistan) Ltd. 1962 PLT 1275,
Cook v. The North Metropolitan Tramways Company (1887) 18 QBD 683,
Morgan v. London General Omnibus Co. 13 QBD 832,
Hunt v. Great Northern Railway Company (1891) 1 QBD 601,
Morgan v. London General Omnibus Co. 18 QBD 683,
Bound v. Lawrence (1892) 1 QBD 226
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Constitution of Pakistan (1973)
|
| Sections |
2(i),
18,
185(3)
|