ORDER This is an application under section 50 of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), for interpretation of a settlement arrived at on 20th April 1973.
The term of the agreement dated 20th April 1973, which requires interpretation runs as under:-- ** That the Management has agreed to give all the facilities to the permanent workers who are entitled for the same under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968."
2. The contention of Mr. Ahfaz-uddin Ahmad, the learned Advocate for the applicant is that the Management has refused to consider the following persons as workmen:-- (1)
Qalandar Khan, and (2) Yaqoob Khan who are Chowkidars and had been in the service of the respondent for the last about 24 years. (3) A. Aziz Umer, Assistant to Income-tax Department. (4)
Ghulam Rasool, English Correspondent. (5) A. Sattar Noor Muhammad, Assistant to the Manager.
(6) Haji Muhammad Haji A. Rehman, Cashier. (7) Abdul Sattar Adam, Head of Dalda Department
(8) Aba Umer A. Rehman, Incharge Dalda Depot; and (9) Haji Wali Muhammad, Incharge of Shares Department.
3. Mr. Mahmood A. Ghani, the learned Representative for the Opposite- Party, corterded in the first place that the Management under the terms of the setth nent had agreed to give the facilities provided under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (hereinafter called the Standing Orders Ordinance), to the permanent workmen, who were workmen within the meaning of the definition given under the Standing Orders Ordinance. In the second place, Mr. Ghani contended that it is a question of fact depending upon the nature of duties performed by the persons as to whether they are workmen or otherwise. Lastly, Mr. Ghani submitted that under section 50 of the Ordinance the power of the Court is limited only to interpret a settlement or award, but not to enforce the same. 4. 1 propose to dispose of the first and the last contention together. As to whether Chowkidars are workmen within the meaning of the definition given under the Ordinance or not, is resolved by a judgment of their Lordships of the Supreme Court of Pakistan in the case of Organization of Karachi Port Trust Workers, . That is a Full Court Judgment by five Judges, ln that case, Sajjad Ahmad Jan, J. observed while considering the case of the Chowkidars as under:-- "It is pointed out that the Chowkidars and Havildars do manual work and were therefore included in the definition of "workman" as contained in section 2 (n) of the 1959 Ordinance and that the legislative intention is manifested by the fact toat they were expressly excluded viz., section 2 (4) of the West Pakistan Industrial Disputes Ordinance enacted in the year 1968. The latest Ordinance on the subject, namely, the Industrial Relations Ordinance of 1969 (XXVIH of 1969) has resolved all doubts on the point. " Workman " as per definition contained in section 2 (xxviii) of this Ordinance covers all employees of an industrial establishment, whatever the nature of their duties, and include employees who have been discharged in connection with an industrial dispute or whose discharge has led to that dispute. In view of this legal position, Mr. Fakhruddin G. Ebrahim, thej learned counsel for respondent No. 1, has stated at the Bar that/ the Port Trust will have no objection to the adjudication of tbe J disputes which have been raised before it, by the appellant as existing disputes." 6.
7. With these observations, the application is disposed of. So far as the other seven persons are concerned, it has been rightly contended by Mr. Ghani that the settlement itself does not give any indication as to whether the case of these seven persons is covered by the terms of the settlement or not. His contention is that their nature of duties and emoluments are such, which take them out from the definition of "workman" given even under the Ordinance. It will depend upon evidence as to whether the said seven persons are workmen or not. It would be beyond the scope of section 50 of the Ordinance to allow the parties to lead evidence in order to interpret in terms of the settlement or award. If the applicant so desires, it can apply under the appropriate law for the enforcement of the award and it would be open to the Court to determine as to whether these seven persons are workmen, to whom the settlement applies or not. 278