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1996 PLC 677

Messrs PAKISTAN STEEL MILLS CORPORATION LTD., KARACHI vs TATHIR

Petitioner: Messrs PAKISTAN STEEL MILLS CORPORATION LTD., KARACHI VS Respondent: TATHIR HUSSAIN SHAH

Court: Labour Appellate Tribunal Decision Date: 1996-02-01

Full Judgment Text & Judicial Ruling

Court Name: Labour Appellate Tribunal Judge(s): Mushtaq Ali Kazi Title:Messrs PAKISTAN STEEL MILLS CORPORATION LTD., KARACHI vs TATHIR

HUSSAIN SHAH Case No.: Appeal No, KAR-11 of 1996 Date of Judgment:1996-02-01 Reported As: 1996 PLC 677 Result: Appeal dismissed Judgment DECISION ' The Labour Court held that the respondent designated as Assistant Manager still worked on the lathe machine and he was a worker. Admittedly the order of termination did not contain any reasons for termination as required under Order 12(3). The termination was, therefore, alleged to be illegal. 2. Mr. Abdus Samad has argued that under the Rules the employees up to Pay Group-VII will be designated as workers and those officers scales would be regarded as officers, but it is not the Scales of Pay, that determines whether the person is worker or officer. It is the nature of the duties performed by him that will determine this question. Admittedly the respondent in this case was working on the computerised Lathe Machine, a very sophisticated job, for which he was paid the officer's pay. But all the same he would be a skilled worker and as such he would be governed by the I.R.O. And Standing Orders Ordinance. 3. The order of the Labour Court is accordingly maintained and the appeal is dismissed in limine.

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