1. M. JAMIL ASGHAR (CHAIRMAN).-Mahboobur Rehman, petitioner, was employed as a Sales Manager in the respondents' concern known as Punjab Vegetable Ghee and General Mills Ltd., Lahore. On 31-7-1968, the petitioner was laid off along with other employees on the assurance that he would be recalled to duty later on- 1n April 1969, the respondent, who is the Managing Director of the said firm, recalled some of, the employees and instead of recalling the petitioner asked him to vacate the house, which he had been occupying in the premises of the Mill. Tire petitioner concluding that his services were terminated, served the respondent with a notice on 30-5-1969, bringing his grievance to his notice. In reply dated 5-6-1969 to that notice, the petitioner was asked to rejoin his duty. The petitioner thereupon presented himself before the respondent on 10-6-1969, but he was offered employment as a probationer, removable from service without notice.
2. The petitioner did not rejoin his duty because he had already been confirmed as a Sales Manager and therefore, there was no question of his being employed as a probationer, removable from service without notice. The petitioner then brought this grievance to the notice of the respondent within the statutory period, demanding that he was entitled to gratuity amounting to Rs. 5,000 for his 20 years' service as his wages amounted to Rs. 500 p.m. The respondent refused to pay the gratuity vide his order dated 3-7-1969. Aggrieved by that order the petitioner has now preferred the present petition under Standing Order 18 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, praying that the respondent be directed to pay him a sum of Rs. 5,000 as gratuity, which was due to him.
3. This petition was resisted and one of the preliminary objections taken was that since the petitioner was a Sales Manager, he was holding an administrative post and as such was not -a workman as defined in the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.
4. Before dealing with the preliminary objections as well as the petition on merits we decided to hear arguments as to whether the petitioner is a workman as defined under section 2(i) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.
5. Section 2(i) reads as follows: - "'Workman' means any person employed in any industrial or commercial establishment to do any skilled or unskilled manual or clerical 'labour' for hire or reward."
6. A "workman" is also defined in section 2(u) of the West Pakistan Industrial Disputes Ordinance, 1968.
7. The relevant section reads as follows: - " Workman' means any person, including an apprentice, employed in any industry to do any skilled, unskilled, manual, technical or clerical work, for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceedings under this Ordinance in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or in consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-
(i) Who is employed in the Police or the Armed Forces of Pakistan?
(ii) Who is employed in the service of a prison, or of a hospital for the treatment of human patients?
(iii) Who is a Chowkidar (guards-man) or is employed in service, declared by Government to be watch and ward or security service;
(iv) Who is employed in a managerial or administrative capacity; or
(v) Who is a public servant engaged in the administration of State, not being employed in a factory or in the railways, or in any other establishment, undertaking, Department, profession or service declared by Government to be an industrial establishment or service for the purposes of this Ordinance."
8. The term "workman" is also defined under section 2(n) of the Industrial Disputes Ordinance of 1959, which reads as follows: - " `Workman' means any person including an apprentice employed in any industry to do any skilled or unskilled manual or clerical 'Work' for hire or reward and includes, for the purposes of any proceedings under this Ordinance in relation to an industrial dispute, a workman discharged during that dispute but does not include any person employed in the Police or Armed Forces of Pakistan."
9. By comparing the above definition with the definition given under section 2(i), we find that the word 'work' in the above definition is substituted by the word 'Labour' in the Standing Order. The term 'work' has a wider meaning than the word 'Labour'. Under the Industrial Disputes Ordinance, 1959, it was decided by the Supreme Court of Pakistan in case Pakistan Tobacco Company Limited v.
10. Pakistan Tobacco Company Employees' Union, Dacca and others (1), that a Salesman was not a workman as his work was in a wholly different category from manual work or clerical work. The High Court of West Pakistan in case Chairman, Brooke Bond (Pakistan) Limited v. General Secretary, Union Karkunane Brooke Bona (Pakistan) Limited, Rawalpindi F. A. O. No. 146 of 195 5, also held that the Salesmen working in the company were not workmen in the meanings of section 2(n) of the Industrial Disputes Ordinance, 1959.
11. In the result we hold that the petitioner, who was a Sale Manager, is not a workman, as defined under section 2(i) of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and dismiss the petition.