' Syed Hamid Hussain, Member.--The appellant Aijaz Hussain Mahar was employed as 'Reporter' on contract basis. The terms and conditions of his service have specifically been incorporated in the instrument of contract executed by him with the British Broadcasting Corporation (BBC). He been terminated from service vide termination notice dated 26.04,2013 to the affect that his services will be terminated w,e,f, 26.6.2013. The appellant instituted individual grievance petition under Section 33 of the Industrial Relations Act, 2012 (X of 2012) after service of stated grievance notice served upon the employer within the purview of Section 33 of the Act ibid. Claimed for reinstatement in service with all back-benefits.
2. Conversely Comprehensive contesting written-statement was filed on behalf of the respondents through his learned Counsel. The maintainability and competency of the grievance petition was seriously objected. Besides the other preliminary objections; question was raised with regard to the status of the appellant being not of `workmen' as defined by law hence; as the grievance petition incompetently filed and is not maintainable.
3. The documents relating to employment contract and the job description were admitted during proceeding of the petition subject matter of instant appeal put forth on behalf of the appellant. The documents filed with both the written-statements on behalf of the respondents are mainly; (i) notice of termination dated 26.04.2013; (ii) BBC Pakistan Employment contract dated 01.08.2009 continuing contract containing terms and conditions of the employment of the appellant; (iii) BBC World Service Job Description; (iv) BBC Grievance Policy and BBC Pakistan Employee Handbook are not challenged nor disputed. According to the above referred documents admitted appellant held the contractual appointments on the specific terms and conditions of the employment incorporated in the employment contract, termed as continuing contract executed between the parties.
4. Learned Single Bench (Chairman N.I.R.0 dismissed the petition while holding that the appellant lacks the qualification of workman as per law of IRA, 2012 and Industrial and Commercial Employment Orders Ordinance, 1968 vide order dated 10.07.2015 appellant being aggrieved hence this appeal.
5. The learned Counsel for the appellant contended that a Reporter has to collect information and to prepare reports on various important issues, events of great import which he transmits to various magazines, newspapers, TV channels etc; for publishing in various newspapers and magazines etc. As well as; for broadcasting and in transmission of news and for programs of TV channels worldwide as a `workman' such as; that the reporters of APP (Associated Press of Pakistan) through 'a news agency' are 'workmen' falling within the meaning of Section 2(d) & (i) of the Newspaper Employees (Conditions of Service) Act, 1973 (LVIII of 1973) read with Section 18 of the Act ibid. The learned Counsel for the appellant while referring to Section 2(d) & (i) of the Newspaper Employees (Conditions of Service) Act, 1973 argued that for collection of information relating to important events in respect of political and other issues etc; a reporter-be an employee of a 'newspaper-establishment' or BBC Urdu Service is an- employee of "News Agency" who provides reports, material based on collection of information, analysis etc. For publication which are also broadcast on Air through Electronic Media, such as; TV Channels and thus; for all intents and purposes BBC U.K. Urdu Service can be safely termed as an Electronic Newspaper as well as; evident from the website address of the said service i,e, www.BBC.Com.UK.Urdu. The learned Counsel is of the view that a workman/worker employed by a `News Agency' or designated as 'Reporter' has to visit multiple sites and places including undisclosed sources to collect news and information with *regard to burning and important issues on all subjects involving attention and interest of viewers and the general public including the concerned circles. He next argued that the employees of A.P.P. Happen to be Reporters but are 'workmen' by dint of nature of their job duties.
The BBC is engaged in production and publication of news material and transmission to public through Radio and Televisions and thus; the 'Reporters' fall within the definition of workmen under the Act. Also the learned Counsel cited the reported judgment from Quetta jurisdiction 1986 PLC 760.
6. The learned Counsel for the respondents while controverting the contentions put-forth noted above submitted that the same are farfetched having no nexus to treat the appellant as the employees of the 'newspaper-establishment' nor they by dint of nature of their duties fall within the purview of the .Act or under any law for the time being in force can be said to be 'workman' for the purpose of invoking jurisdiction of the Commission under Section 33 of the IRA, 2012, in as much as; the appellant having been appointed in supervisory and managerial capacity attached to his office; mainly work as entrusted to him in managerial and supervisory capacity. His functions have been enumerated in the job description document (Appendix-1) to the written-statements. In view of the nature of duties entrusted to the appellant by his mere designation as 'Reporter' in the employment document will not fall within the definition of word `worker and workman' as given in Section 2(xxxiii) of IRA, 2012. The appellant being not 'workman' cannot invoke the jurisdiction of the Commission under the Act. The learned Advocate for the respondents also submitted attested copy of the Order No, 17 dated Islamabad the 4th September, 2014 in Case No, IT/P/7-WBA/4/SM passed by the learned Chairman Implementation Tribunal for Newspaper Employees and a copy of the judgment of the Single Bench of this Commission Quetta Bench, Quetta (original jurisdiction) in Case No, 4B(27)/2013-Q dated 24.03.2015 for perusal in which it has been held in view of the nature of duties mainly assigned to the appellant likewise in the case of Mr. Ayub Tareen (Correspondent BBC) posted at Quetta by holding that he is not a 'workman' as defined in the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 besides being a contract employee is governed by the terms and conditions of his appointment instrument therefore, his grievance petition has been dismissed. According to the learned Counsel the duties of the appellant are distinctively mentioned in seriatim in the job description documents, out of which at Serial No, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14 and 15 relate to intellectual ability, active application of mind, comparative analysis of two or more news/issues as well as; to provide input qo'BBC Urdu Service to make good of resources and material, maximize use of news technology and where necessary to fix interviews or collect audience participation material for the channel whenever directed to do so; to monitor the output of the BBC and its competitors and to . Inform the editor of major Problems .And developments; to report on facets of life i,e, politics, .Economics, finance, social, cultural, scientific, sports in the region; to analyze all ' information obtained against general background of current developments in order to assess its relative value and importance; to provide BBC Urdu Service with regular plan for events etc. And to think and plan to be aware of future developments and trends etc. And supported the impugned judgment, while prayed for the dismissal of appeal being meritless.
7. Arguments heard record perused.
8. Adverting to the relevant provisions of Newspaper Employees (Conditions of Service) Act, 1973 (LVIII of 1973), the word `Newspaper' has been defined in Section 2(c) of the Act; meaning; 'any printed periodical work' containing public news or comments on public news and including such other class of printed periodical work as may, from time to time, be notified in this behalf by the Federal Government in the official Gazette. Plain reading of these provisions indicate that its stands fortified to 'any printed periodical work' which contain public news or comments as well as; such 'other periodical work as may from time to time be notified by the Federal Government in the official gazette thus; it can safely be concluded that the provisions of the aforesaid sub-section are restricted to only 'printed periodical work' which be in the form of public news or comments on public news. The word 'newspaper employee' by virtue of Section 2(d) of the Act means and connotes in relation to person employed 'to do any work' in or in relation to, any newspaper establishment as under: ' A whole-time journalist, including any editor, a leader writer, news editor, feature writer, Reporter, correspondent, copy tester, cartoonist, news photographer, calligraphist and proofreader/ and a whole-time non-journalist, including a manager, clerk, steno typist, printing engineer, linotype operator, composer, type-seller, photo studio attendant, printing worker, an accountant and an office peon.
It is not difficult to deduce that the employees of a 'newspaper' having different designations in their capacities to which they relate including Reporter have a direct nexus of their employment with the `Newspaper-establishment' as defined by sub-section (e) of Section 2 of the Act ibid: and; 'newspaper-establishment' means an establishment under the control of any person or body of persons, whether incorporated or not, for the production, printing or publication of one or more newspapers or for conducting; any news agency or syndicate. The word News Agency or Syndicate has not been defined in the Act. By reading conjointly the fore-referred provisions, it can safely be understood and concluded that a Reporter of a News Agency of Syndicate exclusively relate to a `newspaper' as defined in sub-section (c) of Section 2 of the said Act which cannot be therefore extended or co-related to a TV Channels involved in transmission of news and C telecasting various programs world-wide or as the case may be. Mere collection of information relating to important events, broadcasting and televising facets of life and other issues etc. Will not convert the actual status of BBC to that of a ' newspaper' within the defined bounds of the Act. A Reporter of BBC Urdu Service Pakistan in the light of the above quoted provisions of the Act cannot be said to be an employee involved for any `printed periodical work' of a 'newspaper' as defined by Section 2(c) of the Act ibid nor the appellant being Reporters can be said to have been the employees of a News Agency nor the BBC Urdu Service Pakistan can be termed as a News Agency or Syndicate in absence of any provision to the contrary contained in the said Act. Scope of the provisions of the Act above referred beyond the given definition including various categories of employees cannot be extended and enlarged to the other employees of an organization or company other than the `newspaper employees', referred to above. The argument to the contrary canvassed by the learned counsel for the appellant are not sound rather; devoid any legal and factual substance. The case law cited by the learned Counsel is of no help on the proposition in which case the writ-appellant was the employee of the newspaper-establishment i,e, daily ',Tang' Quetta.
' The learned Counsel for the appellant while arguing his view point with reference to the provisions of Section 2(d) and (i) Newspaper Employees (Conditions of Service) Act, 1973 also made reference to Section 18 of the said Act. For convenience Section-18 of the Act ibid reproduced hereinbelow: `Subject to the other provision [this Act] the provisions of the Ordinance shall apply to, or in relation to, newspaper employees, as they apply to, or in relation to, workmen within the meaning of the Ordinance: ' Provided that nothing in this section applies to a newspaper employee--
(i) who is employed mainly in a managerial or administrative capacity, [or is the editor of a newspaper] or
(ii) who, being employed in a supervisory capacity, performs, either because of the nature of duties attached to his office or by reason or the powers vested in him, functions mainly or a managerial nature."
9. Bare reading of the provisions of Section 18 shows that subject to the other provisions of the said Act, the provisions of the Industrial Relations Ordinance, 1969 (since repealed) has been made applicable or in relation to ' Newspaper Employees' as they apply to the workmen within the purview of the Ordinance but subject to the other provisions of the Act and; by virtue of the Proviso to Section 18 of the Newspaper Employees (Conditions of Service) Act. A `newspaper' employee inducted in the employment mainly in managerial or administrative capacity or an Editor of a Newspaper or who being employed in supervisory capacity and performs functions either because of the nature of duties attached to his office or by reason or the powers vested in him, functions mainly of a managerial nature has been excluded from the application of Section 18 of the Act subject to the other provisions of the Act.
10. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 being a substantive law governs the subject relating to termination, removal, retrenchment, discharge or dismissal from service of a 'workman' besides all other matters relating to misconduct etc. Of a 'workman' be a temporary or permanent workman employed in an Industrial-Establishment, Commercial-Establishment or Construction Industry as defined in clause (bb) and (f) of Section 2 of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.
' The worker and workman has been defined in clause (i) Section 2 of the said Ordinance reproduced herein below: "Workman means any person employed in any Industrial or Commercial establishment to do any skilled or unskilled, manual or clerical [worlds for hire or reward."
' The words workman and worker have also been defined by procedural law i,e, IRA, 2012 in Section 2(xxxiii) which reads as under: "worker" and 'workman' mean person not falling within the definition of employer who is employed (including employment as a supervisor or as an apprentice) in an establishment or industry for hire or reward either directly or through a contractor whether the terms of employment are express or implied, and, for the purpose of any proceedings under this act in relation to an industrial dispute includes a person who has been dismissed, discharge, retrenched, laid off or otherwise removed from employment in connection with or as the consequence of that dispute or whose dismissal, discharge, retrenchment, laid-off, or otherwise removed from employment in connection with or as a consequence of that dispute or whose dismissal, discharge, retrenchment, lay-off, or removal has led to that dispute but does not include any person who is employed mainly in managerial or administrative capacity".
The above noted definitions excludes the class of 'employees' mainly employed in managerial or administrative capacity from the definition of the word 'worker' and 'workman'.
11. It has consistently been held by the superior Courts that mere designation or quantum of the emoluments for which a person is employed by an Industrial-Establishment, Commercial- Establishment will not per se determine the status of a person employed in such establishments to be that of a 'worker or workman' rather; the sole criteria for determination of the status of the employee will be the nature of duties or functions for which he is mainly employed and the nature of duties as having been performed or being performed by an employee. The instrument of the employment accepted by both the parties in the petition termed as BBC Pakistan 'Employment Contract-Continuing Contract' executed between them contains chart of duties for which the appellant were mainly employed as per attachment (Appendix-1) i,e, to the instrument (BBC World Service-Job Description). For convenience clause (a) of sub-para-2.1 of Para No, 2 of the employment-contract is reproduced hereinbelow: "You will be engaged by the Company as Reporter or in such capacity as the Company may reasonably require. You will perform to the best of your ability all the duties of this job and any other job you may subsequently hold and any other duties that may reasonably be required of you.
Your main duties are outlined in the attached job description (please refer to Appendix-1)."
(underlining is mine)
' Clause 2.1 (a) of the instrument provides that the main duties have been outlined in the (attached BBC World Service Job Description Appendix-1). In addition to the mentioned duties the appellant have been supposed to perform other duties in such capacity as the company may reasonably require from them to perform, to the best of their ability in addition to all the duties of a Reporter.
The BBC World Service Job Description document Appexdix-1 contains the main duties required to be performed which the appellant have been performing in their capacity as Reporters distinctly mentioned in the job description document has been admitted as correct by the learned Counsel for the appellant. The contract of job description document containing the chart of duties has been reproduced in Para-8 of the impugned judgment. From the nature of the duties distinctly specified in Annexdix-1 to the written-statement, it can safely be concluded that they were mainly of in managerial position and have been performing such functions which are not that of a 'workman or worker' as defined by Section 2(i) of the Industrial and Commercial Employment (Standing Orders)
Ordinance, 1968. None of the specified functions and duties for which appellant had mainly been employed and having been performed by the appellant can be said to fall within the category or the nature of skilled or un-skilled, manual or clerical work hence; the appellant by dint of the nature of his duties for which he was employed on contract basis can be said to be that of 'worker and.
Workman'.
12. The nature and kind of job has been dialatedly articulated, nothing could be surfaced the aspect of case which has not been attended in the impugned order, the impugned order is quite in accordance to the law and fact does not deserve for any interference. Only a workman or worker defined by law can competently invoke the jurisdiction of the Commission which the petitioner is lacking in the case subject matter of the appeal, therefore, in view of above stated reasons. The appeal having no substance is hereby dismissed while the order dated 10.7.2015 of the learned member (single) is upheld being consistent to law and facts, no order to costs file be consigned to record MOM.