| Case ID |
36d74c50-c01b-429e-b182-a6a2a78bb9c6 |
| Body |
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| Case Number |
FD-363 of 1988 |
| Decision Date |
Sep 19, 1988 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the appellant, a Salesman for a Tea Company, was not considered a 'workman' under the relevant laws. The court found that the majority of his duties were not manual in nature, and therefore he did not meet the criteria established by the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. The tribunal concluded that the appellant's duties were primarily related to sales and distribution, with any clerical or ancillary tasks being insufficient to classify him as a workman. |
| Summary |
In the case of FD-363 of 1988, the Labour Appellate Tribunal of Punjab addressed the appeal of a Salesman from LIPTON Pakistan Ltd. The central issue was whether the appellant qualified as a 'workman' under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The tribunal scrutinized the appellant's duties, which included sales, distribution, and clerical tasks. It concluded that these responsibilities did not constitute manual labor as defined by the ordinance. The decision emphasized that while the appellant performed several tasks, they were primarily ancillary to his main role in sales and distribution. The tribunal referenced previous rulings to reinforce its decision, ultimately dismissing the appeal. This case highlights critical aspects of employment definitions and the boundaries of worker classifications under Pakistani labor law. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
LIPTON Pakistan Ltd.
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi,
Mubarak Ali Bashir
|
| Lawyers |
S.M. Arif,
Javed Altaf
|
| Petitioners |
S.M. Arif
|
| Respondents |
Javed Altaf
|
| Citations |
1989 SLD 2014,
1989 PLC 916
|
| Other Citations |
1996 P L C 302,
P L D 1977 S C 237,
P L D 1969 Lah. 717
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance
|
| Sections |
2(i)
|