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1975 PLC 112

ABDUL JABBAR KHAN vs Messrs GAMMON (PAK) Ltd., KARACHI

Citation1975 PLC 112
CourtLabour Appellate Tribunal
Case No.Appeal No. KAR-96 of 1974
Date1974-04-25
Judge(s)Inamullah Khan
ResultN/A

1. DECISION This is an appeal against an Award dated the 31st of January 1974 of the Presiding Officer Labour Court No. V, Karachi, whereby the leamed Court dismissed the application of the appellant on two-fold grounds namely (1) that he is not a workman and (2) that his application was time- barred. The appellant cannot be said to be workman being admittedly a foreman within the meaning of the definition of the Workman given unders Standing Orders Ordinance, 19t>8. The learned Court has relied on two cases of the Supreme Court of Pakistan in which foremen have been held not to be Workmen. They are reported in 1961 PLC 1333 and 1971 PLC 1. These two cases do support the conclusion of the learned Court that foremen are not workmen within the meaning of the Standing Orders Ordinance. If they are not workmen within the definition given under Standing Orders Ordinance provisions of Standing Order 15 will have no application in his case. It is true as contended by Mr. Malik that the appellant is a workman within the definition of the workman given under section 2 (xxviii) of the Industrial Relations Ordinance, 1969 as it cannot be said to be performing functions mainly of managerial nature but this does not help the appellant. Mr. Malik Saeed admitted that the applicant made the application under section 25-A beyond the requisite period and therefore the application was not maintainable. The appeal, for these reasons, is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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