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1970 PLC 355

S. SHABBIR ALI, Ex-OVERSEER, R. T. C., LAHORE vs CHNIRMAN, R. T. C., LAHORE

Citation1970 PLC 355
CourtIndustrial Appellate Tribunal
Case No.Appeal No. MIN-38 of 1970
Date1970-04-20
Judge(s)Inamullah Khan
Resultappeal is accordingly

ORDER

This is an appeal against an order of the learned Chairman of the West Pakistan Industrial Court (Central Zone), Lahore, dated 3rd January 1970, whereby, the learned Court dismissed the application of the appellant under section 38 of the West Pakistan Industrial Disputes Ordinance, 1968 on the ground that he was not a workman. The facts necessary for the disposal of the appeal, briefly put are these. The appellant was employed as an Overseer against a permanent post in the Road Transport Office, Rawalpindi, in 1961. He was appointed as an Overseer w. e. f. 1st April 1961. His services, however, were terminated w. e. f. 5th August 1962.

2. Before the learned Court, the respondent took the plea that the appellant being an Overseer was not a workman. No evidence was led, on behalf of the appellant that he came within the meaning of the definition of workman. On the face of it, in the absence of any evidence it cannot be said that the appellant was performing any skilled or manual work. At any rate, the cervices of the appellant were terminated in 1962 and there is n evidence to explain this long delay of about eight years. The appellant slept over his right if any, for loo long. In these circumstances I do not find the reasons to set aside the Order of the learned Court. The appeal is accordingly dismissed. No one appeared for the respondent. 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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