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Petitioner: MOOR HUSSAIN VS Respondent: PAKISTAN MACHINE TOOL FACTORY LTD.
Court Name: Labour Appellate Tribunal Judge(s): Z. A. Channa Title: MOOR HUSSAIN vs PAKISTAN MACHINE TOOL FACTORY LTD. Case No.: Appeal No. KAR-191 of 1982 Date of Judgment:1982-05-05 Reported As: 1983 PLC 227 Result: Appeal dismissed
Judgment DECISION This appeal is directed against a decision of the learned Fourth Labour Court, given on 23-2-1982, dismissing the grievance petition of the appellant workman against his dismissal from service by the respondent-Corporation. The learned Labour Court, in its impugned decision, has held that as the appellant himself has admitted that he is employed as a security guard and that he performed no other duty except the job of a Chowkidar at outer gate No. 3 of the Mechine Tool Factory, the grievance petition of the appellant was not maintainable, he not being a workman for the purposes of the Standing Orders. In support of its view the learned Labour Court placed reliance on the decision of this Tribunal in Rab Nawaz v. Rice Export Corporation of Pakistan (Appeal No KAR-273/of 1981). 2. Mr. Ch. M. Maarif was unable to refute the admission of the appellant himself that he was employed as a security guard and his sole duty was that of a Chowkidar at the outher gate of the factory. This being the position, the appellant -would not come within the definition of workman as defined in the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and hence would not be entitled file grievance petition under clause (3) of Standing Order 12 read wit section 25-A, I. R. O. I would, accordingly, dismiss the appeal in limine.
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