DECISION ' The appellant was working in the respondent's Pakistan Steel Mills as a fitter. He was then promoted as HSW-1 and re designated as foreman. In that capacity he was charge-sheeted under Standing Order 15 for disobedience kit the charge-sheet was later on withdrawn and he was let off with a warning. Thereafter on the same facts a show-cause notice was issued to him and he was found guilty and reverted as a fitter.
2. The learned Labour Court No, IV, Karachi found that the show-cause notice after warning was illegal and the second punishment of demotion was also illegal but the Labour Court dismissed the grievance petition as being not maintainable because the respondent was designated as a foreman and he was not therefore a workman but an officer. He could not seek redress under section 25-A of the I.R.O.
3. The first finding is correct that nobody can be vexed twice for the same cause, nemo debit bis vexari.
4. As regards next finding of the respondent being an officer, the respondent has stated in his evidence that he continued to do the same nature of work even as a foreman. This has been admitted by the Controlling Officer of the Steel Mills Mr. Muhammad Azam in his cross- examination. He says "the applicant was an officer. By designation he was an officer. I cannot produce any document to show that the applicant was vested with or exercised functions as an officer". This evidence of the Steel Mills Controller corroborates the assertion of the appellant that he continued to do the same expert manual work even though he was designated as a foreman. It is not the designation but the actual nature of the work that determines the question whether a person is a workman under section 25-A of the I.R.O. In this case it is an admitted fact that the respondent was a workman. His grievance petition was therefore maintainable. The second punishment was already found to be illegal. The grievance petition of the appellant was therefore justified and maintainable.
5. , The order of the Labour Court is therefore, set aside. The appellant may be restored to his original position and designated as a foreman.
6. Appeal is accordingly allowed.