DECISION ' This appeal by the Parke Davis & Company arises from the decision of the Third Sindh Labour Court, Karachi, whereby the grievance petition of respondent Manzar Hussain was allowed and he was granted re-instatement with all the back benefits.
2. The facts in brief are that the respondent was working with the appellant Company as a Pharmacist since the year 1981. On 12-1-1986 the respondent's services were terminated by order in writing but without assigning any reason. He filed grievance petition before the Labour Court. The Court held that the respondent was workman and since the Order 12(3) of the Standing Orders Ordinance violated by not assigning any reasons his termination was bad. The Labour Court therefore directed reinstatement of the respondent with full back benefits. Against this order the Pharmaceutical Company has preferred this appeal.
3. It has been contended by Abdul Hafiz, Advocate for the appellant that respondent Manzar Hussain had been appointed as a Pharmacist of a Chemical Section namely Tablet and Capsules Section. He was B.Sc. In Chemistry and drawing a salary of Rs,3,720 per month. The nature of his duties were managerial and supervisory. He was required to evaluate grievance of the staff to recommend increments of the staff, to initiate disciplinary action against the staff, to supervise the trainees and now employees and to attend Management Courses when deputed by the Company.
The respondent had not therefore been considered to be doing any manual or clerical work. He was definitely an officer Incharge of a Section and responsible to the Production Manager. If incidentally the was checking quality of the products or even looking after the management and control of Tablet and Capsules Section, the main nature of his duties would remain managerial and supervisory. Section 25-A of the I.R.O. Is of very limited scope meant for the grievance of the "workers" and not for the "officers." The grievance application was not therefore maintainable in the case of the respondent.
4. The order of the lower Court is therefore set aside and the appeal is allowed.