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1990 SCMR 456

Syed MATLUBUL HASSAN vs BROOKE BOND PAKISTAN Ltd.

Citation1990 SCMR 456
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 42 of 1986
Date1989-06-05
Judge(s)Nasim Hasan Shah, Syed Usman Ali Shah
ResultLeave granted

ORDER

1. ' NASIM HASAN SHAH, J.--The petitioner, who was employed as salesman with the Brooke Bond Pakistan Limited was removed from service. He agitated against his removal before the Labour Court but the Labour Court refused to entertain his plea on the ground that on account of being a salesman he was not a "workman". Hence the Labour Court did not have any jurisdiction in this matter. This view was accepted by the Punjab Labour Appellate Tribunal on appeal and not interfered with by the High Court in writ proceedings. Hence this petition for leave to appeal.

2. The petitioner has appeared in person and has drawn our attention to this Court's decision in Brooke Bond Pakistan Limited v. Conciliator appointed by the Government of Sind and others (PLD 1977 SC 237) wherein this Court in somewhat similar circumstances held a salesman to be a workman falling within the definition of the term in section 2(xxviii) of the Industrial Relations Ordinance, 1969.

3. ' The appeal shall be made ready on the present record with liberty to the parties to add further documents if any and fixed for hearing at a very early date.

4. ' Security shall be furnished in the sum of Rs,1,000.

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