MUHAMMAD RAFIQ MALIK vs ROAD TRANSPORT CORPORATION, LAHORE — 1971 PLC 341

Citation: 1971 PLC 341

Court: Labour Appellate Tribunal

Year: 1971

Decision Date: 1971-01-28

Parties: MUHAMMAD RAFIQ MALIK vs ROAD TRANSPORT CORPORATION, LAHORE

Headnotes

Case cited as 1971 PLC 341

Judgment Text

Court Name: Labour Appellate Tribunal Judge(s): Muhammad Jamil Asghar Title: MUHAMMAD RAFIQ MALIK vs ROAD TRANSPORT CORPORATION, LAHORE Case No.: Appeal No. 159 of 1970 Date of Judgment:1971-01-28 Reported As: 1971 PLC 341 Result: N/A Judgment ORDER This is an appeal directed against the order of the learned Chairman, Labour Court, Central Zone, Lahore dated 7-4-1970 in an application under section 38 of the West Pakistan Industrial Disputes Ordinance, 1968. The learned Court rejected the application on the ground that Muhammad Rafiq Malik, appellant, was a foreman when he was dismissed and not a work man as defined in section 2 (u) of the West Pakistan Industrial Disputes Ordinance, 1968. 2. Mr. Hafiz Muhammad Qureshi, Advocate, for the applicant contended that mere designation could not decide the functions of a person. 3. Mr. Muhammad Zaman Qureshi, Advocate for the respondent, on the other hand, contended that the appellant on his own showing was a foreman and his functions were purely of supervisory nature and as such did not fall within the definition' of a workman as given in the West Pakistan Industrial Disputes Ordinance, 1968. 4. Mr. Hafiz Muhammad Qureshi in support of his con--tention relied on a ruling of the Dacca High Court in case Glaxo Laboratories (Pak) Ltd., Dacca v. Glaxo Employees' Union. (1969 PLC 326), in which it was observed, "it is true designation by itself would not conclusively determine the nature and function of an employee. But it is also…

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